Does the double jeopardy clause apply to a defendant who has been acquitted of a similar charge?
MultiRegion, United States of America
The following excerpt is from Magana v. Martle, No. 2:08-cv-1706 TLN DAD P (E.D. Cal. 2015):
The double jeopardy clause prohibits retrial for the "same offense" after an acquittal. Two offenses are considered the same offense for double jeopardy purposes unless each offense requires proof of a fact that the other does not. Blockburger v. United States, 284 U.S. 299, 304 (1932).
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