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Showing posts with the label double jeopardy

Constitutional Law: Article III, Section 21 Summary (De Leon)

SEC. 21. No person shall be twice put in jeopardy of  punishment for the same offense.  If an act is punished by  a law and an ordinance, conviction or acquittal under either  shall constitute a bar to another prosecution for the  same act. Right against double jeopardy. The right against double jeopardy means that when a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the express consent of the accused , the latter cannot again be charged with the same or identical offense. Double jeopardy provides three (3) related protections:  (1) against a second prosecution  for the same offense after acquittal;  (2) against a  second prosecution  for the same offense after conviction; and  (3) against  multiple punishments for the same offense. Purpose and basis of the right. (1) The guarantee has a strict application to criminal prosecution only. It pro...