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If a person is found not guilty of murder in a fair jury trial but new evidence is discovered showing he may have been guilty what clause of the Fifth Amendment would protect him from being retried?
Wiki User
∙ 13y ago
Under the protection against double jeopardy, the defendant cannot be retried for the same crime for which he was found not guilty. He can, however, be charged with other (distinct) crimes committed in the same instance.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoNo. This is double jeopardy.
Added: Don't bet on it. He might not be able to be tried on the EXACT same charge by the state but the Feds COULD, if they wanted to, try him of for violation of the victim's 'civil rights.' A totally different charge - but for the same offense.
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What amendment says someone cannot be retried?
I am not sure what amendment it is in, but I do know what it is called. It is call Double Jeopardy. This concept, as you said, means that a person, if found NOT GUILTY for a crime, can't be tried for that same felony.
Can be retried after nolle prosequi?
Nolle prosequi is a motion offered by the prosecution when they feel they do not have enough evidence to gain a conviction. Because this is not an acquittal, the state still has the right to retry at a future date.
Is it legal for a judge to refuse evidence in traffic court?
A judge has final say on what is or is not admissable in their court. The only recourse if the evidence was refused is to file for an appeal and have the appeals court see if his/her refusal of the evidence was justified. If they find in favor of the judge, you're out of luck. If on the other hand the appeals court decides the evidence should be admissable, the case will most likely be retried with the new evidence presented.
Suppose Briscoe Cole is found not guilty of murder in a fair jury trial Later evidence comes to light Briscoe may have been guilty Under?
Double jeopardy forbids that he can be retried.
When did Micheal Jordan retried?
October 6th, 1993
What is the importance of yao ming?
China's retried athlete.
Can you be retried if you are acquitted?
A person may be retried for the same offense as long as he has not been acquitted of that offense in a previous trial. A person who has been acquitted may not be tried for the same offense.
If a defendant is found not guilty of a murder charge then later admits his or her guilt he or she may be retried for the crime?
No, not unless there is new evidence. To retry a person for a crime who has all ready been found guilty or innocent is double jeopardy and not allowed under the constitution.
Can son get medical reimbursement for mother if father is a retried government servant?
yes
Which year and date retried from cricket sachin tendulkar?
The 16th of November in 2013.
Has Montel Vontavious Porter retried?
He is not retired from Professional Wrestling but has left the WWE
When did the Miranda v Arizona case happen?
Ernesto Miranda was arrested and charged with rape in 1963. The case bearing his name, which overturned his conviction, was decided by the U.S. Supreme Court in 1966. Miranda was retried on evidence that didn't include his confession, and convicted again.
