Practice Quiz

Paralegal Exam Prep

Category - US Legal System

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Defendant Ron Jon was accused of setting a neighbor's home on fire. He was tried for arson. Eventually the jury acquitted Ron Jon. Two months after the acquittal, a new witness came forward with convincing evidence that Ron Jon did indeed set the fire. Can the prosecutor now try Ron Jon for arson and put the new witness on the stand?
  1. Yes. The prosecutor was not able to present all the evidence during the first trial.
  2. Yes. The defendant is guilty and the prosecution should be permitted to present evidence of guilt.
  3. No. Double jeopardy prevents a defendant from being tried more than once for the same crime.
  4. No. Collateral estoppel prevents a defendant from being tried more than once for the same crime.
  5. Maybe. It is up to a judge to decide whether or not to permit another trial.
Explanation
Answer: C. No. The prosecutor cannot now try Ron John for arson and put the new witness on the stand because double jeopardy prevents a defendant from being tried more than once for the same crime. It does not matter that new evidence indicates that the defendant is more likely than not guilty of the crime. The 5th Amendment of the U.S. Constitution states: "...nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb..."
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