Crucial Exams

Multistate Bar Examination Practice Question

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 cannot retry Jane because she was acquitted in her first trial.

  • The state can retry Jane if the first trial was a mistrial.

  • The state cannot retry Jane unless there is a plea bargain.

  • The state can retry Jane because new evidence was discovered.

Multistate Bar Examination
Criminal Law and Procedure
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