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Another omission from last night: the USA? too, has double jeopardy in similar cases, even if with constraints.

Double jeopardy - Wikipedia

Non-final judgments

As double jeopardy applies only to charges that were the subject of an earlier final judgment, there are many situations in which it does not apply despite the appearance of a retrial. For example, a second trial held after a mistrial does not violate the double jeopardy clause because a mistrial ends a trial prematurely without a judgment of guilty or not guilty. Cases dismissed because of insufficient evidence may constitute a final judgment for these purposes though many state and federal laws allow for substantially limited prosecutorial appeals from these orders. Also a retrial after a conviction has been reversed on appeal does not violate double jeopardy because the judgment in the first trial has been invalidated. In both of these cases, however, the previous trials do not entirely vanish. Testimony from them may be used in later retrials such as to impeach contradictory testimony given at any subsequent proceeding.

*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Fri Dec 4th, 2009 at 07:39:51 AM EST
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