Under which circumstance can a defendant be tried for the same offense again?

Prepare for the Loss Prevention Qualification Certification Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The principle of Double Jeopardy is a fundamental legal concept which asserts that a person cannot be tried for the same offense more than once after they have been acquitted or convicted. This protection is enshrined in the Fifth Amendment of the U.S. Constitution.

Under normal circumstances, if a defendant has already faced trial for a particular crime and either received a verdict of not guilty or guilty, they cannot be subjected to another trial for the same crime. This principle aims to ensure finality in legal proceedings, protect individuals from the stress of repeated trials, and uphold the integrity of the judicial process.

New evidence emerging, cases in different jurisdictions, or civil court proceedings do not override this fundamental protection. For instance, even if new evidence comes to light, the original verdict stands, preventing retrial for that same criminal offense. Additionally, while a person can face civil charges for the same act (like a wrongful death suit following a murder acquittal), this is not considered a criminal trial and therefore does not violate the Double Jeopardy clause. Thus, the correct understanding of the law confirms that under the principle of Double Jeopardy, a defendant cannot be tried again for the same offense once a verdict has been reached.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy