If a criminal conviction is reversed on constitutional grounds,the defendant

Question

Quizplus · Accepted Answer

When a criminal conviction is reversed on constitutional grounds, the defendant may be retried consistent with the new ruling. This is because the reversal is based on a violation of their constitutional rights, rather than a factual issue, so there is no double jeopardy protection. The other choices are incorrect - the defendant typically won't be released and declared innocent unless there is new evidence that proves their innocence, and they may not have to serve any portion of the original sentence if the conviction is completely overturned.

If a Criminal Conviction Is Reversed on Constitutional Grounds,the Defendant