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Re:exoneration and double jeopardy (1 viewing) (1) Guest
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TOPIC: Re:exoneration and double jeopardy
#7116
Kash (User)
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exoneration and double jeopardy 6 Years, 10 Months ago Karma: 1  
In certain circumstances, a convicted felon that challenges his/her conviction must convince a court that s/he is actually innocent in order to get any relief. Unfortunately, such judicial exonerations often fail to persuade prosecutors, who are generally free to retry prisoners who successfully challenge their convictions. There have been several instances in which prisoners have convinced courts of their innocence and overturned their convictions, only to have prosecutors bring the exact same charges against them a second time. My question is how does the Double Jeopardy Clause protects these exonerated defendants from the ordeal of a second prosecution?
 
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#7122
Mark (User)
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Re:exoneration and double jeopardy 6 Years, 10 Months ago Karma: 3  
'[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.' U.S. v. Halper, 490 U.S. 435, 440 (1989).

Separate punishments in multiple criminal prosecution are constitutionally permissible, however, if the punishments are not based upon the same offenses. In Blockburger v. U.S., 284 U.S. 299 (1932), the Supreme Court held that punishment for two statutory offenses arising out of the same criminal act or transaction does not violate the Double Jeopardy Clause if 'each provision requires proof of an additional fact which the other does not.' Id. at 304.
 
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