if the prosecutor did a poor job of arguing a case and as a result a guilty person was relesed back into the community the double jeopardy clause would prevent the criminal case from ever being tried again do you think thats fair why or why not

Question

Megan Saunders

Law

1 July, 04:03

if the prosecutor did a poor job of arguing a case and as a result a guilty person was relesed back into the community the double jeopardy clause would prevent the criminal case from ever being tried again do you think thats fair why or why not

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Taryn Glover · Answer 1

It depends on the situation. If the person was acquitted by a jury, then that means they can not be tried again under constitutional law. However, if the judge declares a trial a "mistrial," the state attorney's office has every right to reopen the case again as long as the statute of limitations has not past. In other words, the trial can not happen 100 years down the road if the crime was committed that long ago because of the statute of limitations. However, not all crimes fall under the statute of limitations