LYCOS RETRIEVER 
Double Jeopardy: States
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(Evidence, Sufficiency; Double Jeopardy/Double Punishment) One conviction reversed because State failed to present evidence of it at preliminary hearing. Two of three Possession of CDS with intent convictions dismissed because they violated prohibition against multiple punishments for the same offense.
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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 that have been dismissed because of insufficient evidence may constitute a final judgment for these purposes, though many state and federal laws allow for limited prosecutorial appeals from these orders. A re-trial 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.
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Double Jeopardy was a surprise hit at the box office, grossing more than $115 million in the United States alone. The film's success elevated the already well-known Ashley Judd to celebrity status.
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GEORGIA: The double jeopardy clause of state constitution does not prohibit additional punishment for a separate offense that the legislature has deemed to WARRANT a separate SANCTION (see Mathis v. State, 273 Ga. 508, 543 S.E.2d 712 (Ga. 2001); GA Const. Art. 1, ยง 1, Par. 18).
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Chapter 8 gives a progress report on DNA and other techniques that could supply new evidence for particular cases to be retried if the double jeopardy rule was relaxed. Some of the topics covered in this chapter are: the DNA legislation in New South Wales; recent statutory reviews by the Legislative Council’s Standing Committee on Law and Justice, the Attorney General’s Department, and the Ombudsman; the Innocence Panel in New South Wales; recent statistics on DNA testing of suspects and prisoners; the Carr Government’s proposals to expand the powers for DNA testing of repeat offenders; the National DNA database; and biometric methods of identification such as eye scanning, face mapping and digital finger printing. [Pages 35-48]
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The concept of double jeopardy is one of the oldest in Western civilization. In 355 B. C. Athenian statesmen Demosthenes said that the "law forbids the same man to be tried twice on the same issue." The Romans codified this principle in the Digest of Justinian in 533 A. D. The principle ... survived the Dark Ages (400-1066 A.D.) through the CANON LAWand the teachings of early Christian writers, notwithstanding the deterioration of other Greco-Roman legal traditions.
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