Double jeopardy new evidence

In the United States, the Fifth Amendment to the Constitution protects individuals from being tried twice for the same crime, a concept known as double jeopardy. However, there is an exception to this rule, which allows for the introduction of new evidence in a subsequent trial, even if the defendant has already been acquitted or convicted.

The exception is based on the principle that the government has a duty to prove its case beyond a reasonable doubt, and that new evidence may come to light that was not available at the time of the original trial. This exception is often referred to as the "new evidence" exception to double jeopardy.

To qualify as new evidence, the evidence must meet certain criteria:

  1. The evidence must be material: The evidence must be relevant and significant to the case, and not merely cumulative or redundant.
  2. The evidence must be newly discovered: The evidence must have come to light after the original trial, and not have been available at the time of the original trial.
  3. The evidence must be reliable: The evidence must be trustworthy and credible, and not based on speculation or hearsay.

If the new evidence meets these criteria, the government may be able to retry the defendant, even if they were previously acquitted or convicted. However, the defendant still has the right to assert their double jeopardy protection, and the court must determine whether the new evidence is sufficient to justify a new trial.

Examples of new evidence that might justify a new trial include:

It's worth noting that the introduction of new evidence in a subsequent trial does not necessarily mean that the defendant will be convicted. The prosecution still has the burden of proving their case beyond a reasonable doubt, and the defendant still has the right to present their defense and challenge the new evidence.