How have the courts interpreted the double jeopardy provisions in double jeopardy cases?
California, United States of America
The following excerpt is from People v. Batts, 134 Cal.Rptr.2d 67, 30 Cal.4th 660, 68 P.3d 357 (Cal. 2003):
13. See Ponsoldt, When Guilt Should Be Irrelevant: Government Overreaching as a Bar to Reprosecution Under the Double Jeopardy Clause After Oregon v. Kennedy (1983) 69 Cornell L.Rev. 76, 81 (noting that the high court's double jeopardy cases are concerned with preservation of a defendant's opportunity to obtain a favorable verdict from the first tribunal he or she confronts).
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