Legal Question in Criminal Law in California

Murder double jeopardy

Can a person who is aquited of murder be retried if their is new evidence that would easily show that persons guilt?


Asked on 5/26/08, 9:52 pm

2 Answers from Attorneys

Jeffrey Gerber Law Office of R. Jeffrey Gerber

Re: Murder double jeopardy

No.

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Answered on 5/27/08, 2:32 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Murder double jeopardy

No. An acquittal end the government's ability to prosecute the same person for the same crime. Sometimes, though, a different government can mount a second prosecution. For example, if a killing violates both state and federal laws it can be prosecuted by each government without constituting double jeopardy. Murder is generally a state-law crime, but in some circumstances it is also a federal crime.

Note too that there is an exception to the rule against double jeopardy where the defendant interfered with the first trial -- for example, by bribing or threatening a juror. This exception hardly ever comes up, but it's worth pointing out.

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Answered on 5/26/08, 10:16 pm


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