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? asked in Politics & GovernmentLaw & Ethics · 4 years ago

Can you be tried again for the same crime if new evidence is found?

By this I mean:

1. A criminal robs a house

2. There isn't enough evidence

3. They find more evidence that wasn't found before

Can they be tried again?

Please be as simple as possible, I'm just a curious 13 year-old...

Also as a bonus answer, what if the "criminal" is fined/put in prison but then there is found evidence that the "criminal" was framed?

6 Answers

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  • 4 years ago
    Favorite Answer

    In the United States, a person can be tried only once for breaking the same law. So the government gets only "one shot". But ... sometimes, there are federal and state laws the cover the same area. So you can be tried once for breaking the state law, and once for breaking the federal law.

    Also, there are rules about what makes a crime a "single event" or the "same offense". So if you kill somebody, you can't be tried once for shooting him, and then again for stabbing him, and then again for throwing the body off a cliff. It has to be all one trial. (And maybe a second trial in federal court).

    If you are found guilty, and later new evidence is found, you can ask for a new trial. Then a judge would have to rule that the new evidence, if true and accepted, is enough for a different verdict. In that case, the judge would have to grant a new trial. The details can get complicated; a lot of times the judge will say that you knew or should have known about the evidence, it's not really "new" at all.

  • WRG
    Lv 7
    4 years ago

    No you can not be tried and found not guilty of a crime and then later be tried for the same crime.

    If a person is found guilty and later new evidence is found that show the person is not guilty they can appeal based on the new evidence.

  • 4 years ago

    There seems to be some confusion regarding the difference between accusing someone of a crime and going to trial for that crime. After a trial finds a defendant not guilty that person cannot be put on trial again for that crime. If they are only accused but not taken to trial because of lack of evidence they CAN later be taken to trial

  • Anonymous
    4 years ago

    Not normally. With ref to The DB's answer I'd say the law was changed specifically because the authorities were so determined to get someone for the Lawrence murder. So even though the guys had been tried and aquitted they were tried again.

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  • 4 years ago

    Not if the jury reached a verdict. If there was no verdict he can be retried.

  • 4 years ago

    In the USA, the answer is NO

    it comes under the 'double jeopardy law'

    In the UK, the answer is 'Mmmmmmm Not usually'

    but there have been cases where a large amount of evidence, for a serious crime has prompted a new trial

    [the major example being the 'Stephen Lawrence' murder]

    if you are in jail and new evidence comes to light to prove you innocent, then you can apply for a retrial

    ( see the plot to this film http://www.imdb.com/title/tt0150377/?ref_=fn_al_tt... )

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