AL Bar Practice Questions - Alabama Bar Examination Exam

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A defendant is tried and acquitted of a robbery. The prosecution then seeks to retry him for the same robbery after discovering new evidence. Under the Double Jeopardy Clause, may the State retry the defendant?

Yes, because new evidence justifies a retrial No, the Double Jeopardy Clause bars a second prosecution for the same offense after an acquittal Yes, if the first jury was not unanimous No, but only if the same judge presides

Correct Answer:

No, the Double Jeopardy Clause bars a second prosecution for the same offense after an acquittal

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