A criminal defendant whose conviction has been overturned on appeal may not be retried for the same offense because to do so would violate the Constitutional prohibition against double jeopardy.

Question

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The Double Jeopardy Clause of the Fifth Amendment prohibits multiple prosecutions for the same offense, but if a conviction is overturned on appeal due to a procedural error, insufficient evidence, or other reasons that do not relate to the defendant's innocence, the defendant can be retried.

A Criminal Defendant Whose Conviction Has Been Overturned on Appeal