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Under what principle of the fifth amendment can someone found not guilty be tried for the same crime again?
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.
What else can I help you with?
Which countries operate under the legal principle of "guilty until proven innocent"?
No countries operate under the legal principle of "guilty until proven innocent." In most legal systems, individuals are considered innocent until proven guilty.
Which judicial principle reduced the impact of the fourteenth amendment?
Equal protection under the law
What constitutional principle requires that similarly situated people be treated similarly by government?
"Equal Protection" under the 14th Amendment.
Can someone realize his mistake under bad peer pressure?
When his conscience advises him against it and he feels guilty.
What is a witness who lies while under the oath guilty of?
If guilty of the offense, they are guilty of perjury.
What is stated in the principle of superstition?
Your butt just kidding when someone believes that when you walk under a ladder you will get bad luck and when someone thinks that you will get bad luck if you go out the day of Friday the 13th that iz superstition but idk wat the principle is
What two things are prohibited under the eighth amendment?
protects accused person's rights after trial if a person is founded guilty of a crime, there is to be no excessive charge / punishment (EX: hanging)
What does the word guilty mean?
1) Someone who is deserving of blame for some act. 2) Under the law, someone who committed a criminal act.
Can a person be tried for the same crime twice?
No, a person cannot be tried for the same crime twice under the principle of double jeopardy, which is protected by the Fifth Amendment of the United States Constitution.
What is the legal term when someone is released after being found innocent?
If your charges were DISMISSED before you went to trial, then your charges were simply dismissed. However if you went to trial, there is no such finding as "innocent," the only verdicts are 'guilty' and 'not guilty.'
Excessive bail is prohibited under the Amendment.?
The 8th Amendment.
What amendment allows the burning of the US flag?
It is protected under the First Amendment under the principle of freedom of speech. However, there have been numerous votes for Anti-Flag Burning amendments in the House and Senate in recent years.
