Does a convicted bank robber get a second trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. James, 987 F.2d 648 (9th Cir. 1993):
Today, a convicted bank robber goes free, immune from further prosecution. See Burks v. United States, 437 U.S. 1, 18, 98 S.Ct. 2141, 2151, 57 L.Ed.2d 1 (1978) (a second trial is barred under the Double Jeopardy Clause if a reversal is based upon the insufficiency of the evidence). Why? Because the jury was not expressly told that the prosecutor and defense counsel had stipulated that the jury need not decide whether the victim banks were federally insured.
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