North Carolina Rule 5a Petition for Permission to Appeal Order Denying Motion to Bar Reprosecution Under Double Jeopardy Clause
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How to fill out Rule 5a Petition For Permission To Appeal Order Denying Motion To Bar Reprosecution Under Double Jeopardy Clause?
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FAQ
The Double Jeopardy Clause of the Fifth Amendment protects against: (1) a second prosecution for the ?same offense? after acquittal; (2) a second prosecution for the ?same offense? after conviction (by trial or plea); and (3) multiple punishments for the ?same offense.? North Carolina v. Pearce, 395 U.S. 711 (1969).
The clause provides that no person can be convicted twice of the same offense. Its basic concept is found in English common law, although some scholars suggest that the idea has its origins in Roman law. The effectiveness of the clause depends on whether two separate offenses can be considered to be the same offense.
Double jeopardy applies to criminal cases only, not civil or administrative proceedings. That means, for example, that a defendant convicted of a crime isn't immune from a civil lawsuit for damages from the victim of the crime.
The protection against double jeopardy keeps defendants from facing criminal prosecution more than once for the same offense. Once jeopardy attaches and a criminal case begins, this protection can prevent lives from being consumed by legal proceedings. It can also save governments time and money.
Civil proceedings arising from the same facts as criminal proceedings. Double jeopardy only protects against repeated attempts at criminal prosecution. However, a prior civil court proceeding does not prevent a subsequent criminal prosecution, even though both cases may arise from the same events.
In his study, McPhee observed a non-independence of ranks between the proportion of those who knew an alternative and the conditional probability of the proportion who choose an alternative. This non-inde- pendence of ranks is the double jeopardy phenomenon, with the "jeopardy" for the lesser known alternative.
The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime.
Mistrials are generally not covered by the double jeopardy clause. If a judge dismisses the case or concludes the trial without deciding the facts in the defendant's favor (for example, by dismissing the case on procedural grounds), the case is a mistrial and may normally be retried.