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In "Gideon's Trumpet," a retrial was not considered double jeopardy because the initial trial was deemed unconstitutional due to the lack of legal representation for Clarence Earl Gideon. The Supreme Court's ruling in Gideon v. Wainwright established that the right to counsel is a fundamental right under the 14th Amendment. As a result, the retrial was viewed as a remedy to the violation of Gideon's rights, rather than a second prosecution for the same offense. Double jeopardy protections apply only when a trial has been conducted in accordance with constitutional standards.

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3w ago

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