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"Prosecuting the Exonerated: Actual Innocence and the Double Jeopardy Clause"

By Douglas A. Berman

The title of this post is the abstract of this new article by Professor Jordan Barry, which is now available via SSRN.  Here is the abstract: In certain circumstances, a prisoner who challenges her conviction must convince a court that she is actually innocent in order to get relief.  Unfortunately, such judicial exonerations often fail to persuade prosecutors, who are generally free to retry prisoners who successfully challenge their convictions.  There have been several instances in which prisoners have convinced courts of their innocence and overturned their convictions, only to have prosecutors bring the exact same charges against them a second time.  This Article argues that the Double Jeopardy Clause protects these exonerated defendants from the ordeal of a second prosecution...continue to full post

Full post as published by Sentencing Law and Policy on February 09, 2011 (boomark / email).