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What Is Double Jeopardy

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Simply put, double jeopardy is the act of prosecuting a person for an offense for which he or she has already been tried and/or prosecuted. Double jeopardy is prohibited by the 5th Amendment of the Constitution of the United States. Specifically, there cannot be a second prosecution for the same offence after acquittal; a second prosecution for the same offense after conviction; and there cannot be multiple punishments for the same offense. Double jeopardy does not apply in situations where there is an appeal on a ruling or if the first case resulted in a hung or corrupted jury. The rules and laws surrounding double jeopardy are incredibly complex and can confuse the most sophisticated attorneys and judges. If you’ve been accused of a crime, speak with an experienced criminal defense attorney in your area.

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