When is double jeopardy invoked under the CCP?

Double jeopardy is a fundamental legal principle that protects individuals from being tried more than once for the same offense. Under the Code of Criminal Procedure, double jeopardy is invoked when a person faces prosecution after having already been tried and either acquitted or convicted of the same crime. This principle is rooted in the Fifth Amendment of the U.S. Constitution and is designed to ensure that individuals are not subjected to the stress, expense, and potential punishment of multiple trials for the same act.

When someone is tried twice for the same offense, it constitutes a violation of their rights, as they have already faced legal proceedings regarding that particular incident. Implicit in this protection is the idea that once a verdict has been reached in a case, whether it be guilty or not guilty, the matter is settled in the eyes of the law. This principle maintains the integrity of the legal system and protects individuals from governmental overreach.

The other listed scenarios do not invoke double jeopardy: being convicted of a new crime pertains to new legal matters; having a conviction overturned by an appeals court involves a different legal process and does not constitute a second trial for the same charge; and new evidence emerging after a trial does not relate to double jeopardy unless it leads to a separate prosecution