Double Jeopardy

What is the name of your state? Ohio

Could somebody please help me settle an argument Im having? A co-worker of mine is saying that if you get charged with a crime, indicted, go to trial and are found not guilty that you can still be re-tried on that same charge if new evidence comes available. Im saying he's wrong, thats Double Jeopardy in its purest form. He says it would only be Double Jeopardy if no new evidence was discovered. I say he is an idiot. Could one of you please give me an answer to this, and possibly a (laymans) definition of double jeopardy. Thanks

[rmet4nzkx]

They can be tried if there is new evidence, there may be other factors to be considered, it would be double jeopardy if there was no new evidence. And in some cases the same evidence may be used for both federal and state offenses, called dual Sovereignty.

Even if they were originally found not guilty on the same charge stemming from the same evidence?

[CdwJava]

New evidence or not, unless the state cannot generally file a new charge based upon the new evidence. If the new charge is so similar to the originally prosecuted offense as to constitute being an element of that offense, then I do not believe that the case could be tried again.

The feds might be able to take it up. Or they can charge for another offense. But not for the same offense for which he was acquitted.

At least that's my take on it.

- Carl

[Happy Trails]

Originally Posted by Fat Tony

What is the name of your state? Ohio

Could somebody please help me settle an argument Im having? A co-worker of mine is saying that if you get charged with a crime, indicted, go to trial and are found not guilty that you can still be re-tried on that same charge if new evidence comes available. Im saying he's wrong, thats Double Jeopardy in its purest form. He says it would only be Double Jeopardy if no new evidence was discovered. I say he is an idiot. Could one of you please give me an answer to this, and possibly a (laymans) definition of double jeopardy. Thanks

Double Jeopardy:

In law, the prosecution of a person for an offense for which he or she already has been prosecuted.
In U.S. law, double jeopardy is prohibited by the 5th Amendment to the Constitution of the United States, which states that no person shall “be subject for the same offense to be twice put in jeopardy of life and limb.” The clause bars second prosecutions after acquittal or conviction and prohibits multiple convictions for the same offense. Thus a person cannot be guilty of both murder and manslaughter for the same homicide, nor can a person be retried for the same crime after the case has been resolved. A person can, however, be convicted of both murder and robbery if the murder arose from the robbery. The prohibition against double jeopardy is not violated when an individual is charged for behaviour stemming from an offense for which he has been charged in a different jurisdiction or in a different court (e.g., a civil court as opposed to a criminal court).

See also: rights of the accused; due process.

Found at:

[url]http://www.britannica.com/ebc/article?tocId=9363026&query=double%20jeopardy&ct=[/url]

[Florid-aise]

Hey Fat Tony, howya doin, howya dooooin?

Tell your friend (other than telling him to flee the country), that there can be no second prosecution after acquittal on a particular charge IN THAT JURISDICTION. Meaning, if in state court, then never again in state court can that charge be retried. That does not bar the Feds from prosecuting the same charge federally.

Now there is also a subtle distinction here as well. The same elements of a crime can comprise a different crime altogether. A police officer arrives at the scene of a car accident, and the driver of the car is on his feet and tells the officer he wrecked the car; moments later the driver takes off on foot.

Fleeing the scene of an accident, and resisting arrest by an officer, both arise out of the same acts or conduct. If your buddy is charged with leaving the scene of an accident and gets acquitted, he is good to go. But if your friend was never charged with resisting arrest, then guess what? He has to face that trial. Same acts, different criminal charge.