Jane was acquitted of burglary in her first trial. Later, new evidence suggests she was actually guilty, and the state attempts to prosecute her again for the same burglary offense. Under the Double Jeopardy Clause, which of the following is the BEST defense for Jane?
The state can retry Jane because new evidence was discovered.
The state can retry Jane if the first trial was a mistrial.
The state cannot retry Jane because she was acquitted in her first trial.
The state cannot retry Jane unless there is a plea bargain.
The correct answer is based on the principle that the Double Jeopardy Clause of the Fifth Amendment prohibits the state from retrying an individual who has been acquitted of the same offense. This protection is absolute and applies regardless of any new evidence that may emerge after the initial trial. An answer suggesting the discovery of new evidence permits retrial is incorrect because an acquittal is final. The option involving a mistrial is also incorrect; although a mistrial may permit a retrial in certain circumstances, the scenario clearly states that Jane was acquitted. Finally, plea bargains are a separate method of case resolution and do not create an exception to the double jeopardy protection following an acquittal.
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What is the Double Jeopardy Clause?
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Can you explain what constitutes an acquittal?
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