ND Bar Practice Questions - North Dakota Bar Examination Exam

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A defendant is tried and acquitted of robbery. The prosecution then seeks to retry him for the same robbery based on newly discovered evidence. Under the Double Jeopardy Clause, the retrial is:

Permitted, because new evidence justifies a second trial Barred only if the first jury was properly instructed Permitted, if the second trial is in a different county Barred, because the Double Jeopardy Clause prohibits retrial after an acquittal for the same offense

Correct Answer:

Barred, because the Double Jeopardy Clause prohibits retrial after an acquittal for the same offense

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