Perjury As Double Jeopardy
Double jeopardy is a constitutional right in the United States that does not allow a defendant to be tried twice for the same crime based on the same set of facts. A defendant once acquitted of a crime, cannot be retried for the same crime even after the police gets new evidence to show that the defendant in reality committed the crime.
Many times when a defendant is tried on circumstantial evidence, the defendant can choose to lie or commit a perjury. If the jury has been convinced that there is reasonable doubt that the about the defendant's guilt, then he could be set scot-free. Once the defendant has perjured himself and got acquitted for a crime, there is no way the prosecutor can try him again for the same crime.
However, once new evidence surfaces that the defendant had indeed committed perjury, the prosecutor has the right to try the defendant for perjury. However, this can sometime be difficult as in order to be tried, it has to be acknowledged that the defendant, in fact, did commit the crime in the first place. However, the defendant has been acquitted and therefore, his guilt cannot be surmised as it will be nothing more than a retrial for the case where he was acquitted. This is how perjury ends up being a double jeopardy.
Perjury as double jeopardy is not something new. Many accused hide behind perjury hoping to be found not guilty and they know that if they succeed, there is no way the law can try them for the same offense or crime twice.
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