Under what principle of the fifth amendment can someone found not guilty be tried for the same crime again?

Answer 1

The Fifth Amendment to the U.S. Constitution contains the provision against double jeopardy. The idea is that a person cannot be tried more than once for the same statutory violation. The Fifth Amendment to the US Constitution, like most amendments of the Bill of Rights, had multiple parts or sections which more or less go to a single concept: the Fifth Amendment deals with limitations of the state to use its courts and judiciary against the individual; it limits the power of the state to invent as it goes along with its prosecutorial power and to specifically, limit its capacity (de facto power) to just keep going at the same person with the same things and allegation of violations until the person dies, is broke, exhausted, or just gives up an submits to the power of the state as decided by the Prosecutor. If I understand what you are asking, I think this is right: the DA can petition a judge to review charges if they have NEW, CONVINCING evidence and/or NEW, CONVINCING eyewitness testimony not available during the first trial. If a Judge decides that the new evidence is enough, he can grant the DA a petition for new charges of the same crime (NEW charges with NEW evidence). I think that is the key factor. A person is protected, however, from the same charges for the same crime. I would suggest that if you need some more information concerning your rights and don't have the funds for a private attorney, Legal Aid is a great resource and usually very helpful.