Does double jeapordy apply after Judge grants Motion for New Trial for prosecetorial misconduct?

Answer 1

no thats a mistrial..double jeopardy would be if he was found not guilty....they could never trie him again for the same crime.

Answer 2

No. When a new trial is granted, the old trial is thrown out. They can use the transcripts from the first trial and such, but as far as a finding of innocence or guilt, it's like that never ever happened.
Double jeopardy only applies after there has been a disposition of the charge with a verdict of innocent. You can't be tried twice for the same crime, hence, no double jeopardy.

Answer 3

No. In order for the "Double Jeopardy" law to take affect, you would have to have been found "Not Guilty".

If a mistrial occurs or a new trial is granted, that is not the same thing. It merely gives both sides the opportunity to re-try the case, and hopefully this time without whatever conduct caused the motion to be granted to begin with.

Answer 4

No, its a different subject. Double jeopardy applies only when you are convicted of a crime (found guilty), you can not be convicted again. The movie bearing the same name is a good one and will help

Answer 5

No. Double Jeapordy is only use if you have already been convicted or aquitted of the crime, you cant be charged with it again.

Answer 6

Double jeopardy does not apply until after a not guilty verdict, at which time you cannot be tried again.

Answer 7

No. The defendant hasn't been acquitted, simply granted a new trial.

Answer 8

no or you wouldnt be HVAING a new trial

Answer 9

NO