Double jeopardy prohibits different prosecutions for the same offense. This rule can come into play when the government brings a charge against someone for an incident, then prosecutes that person again for the same incident, only with a different charge.

A basic purpose of the Double Jeopardy Clause is to protect a defendant “against a second prosecution for the same offense after conviction.”123 It is “settled” that “no man can be twice lawfully punished for the same offense.”124 Of course, the defendant’s interest in finality, which informs much of double jeopardy …

In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. …

The Double Jeopardy Clause encompasses four distinct prohibitions: subsequent prosecution after acquittal, subsequent prosecution after conviction, subsequent prosecution after certain mistrials, and multiple punishment in the same indictment.

The obvious application of double jeopardy is when law enforcement finds new evidence of the defendant’s guilt after the jury has already acquitted them. The prosecution cannot charge them again, even if the evidence shows that they probably are guilty.

Newly discovered evidence refers to evidence which was not known to the defense during the trial and could not have been discovered with reasonable diligence. Examples of such newly discovered evidence include: A witness who testified against the defendant at trial later recants that testimony.

(b) Time to File. (1) Newly Discovered Evidence. Any motion for a new trial grounded on newly discovered evidence must be filed within 3 years after the verdict or finding of guilty. If an appeal is pending, the court may not grant a motion for a new trial until the appellate court remands the case.

The Supreme Court clarified that there are no evidentiary bars other than those articulated in the Federal Rules of Evidence and the Federal Rules of Civil Procedure. However, in § 145 proceedings, the applicant can introduce new evidence.

That disclosure is accomplished through a methodical process called “discovery.” Discovery takes three basic forms: written discovery, document production and depositions.

To begin preparing for trial, both sides engage in discovery . This is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.

The purpose of disclosure is to make available evidence which either supports or undermines the respective parties’ cases.

Sometimes, discovery is compulsory in a lawsuit, i.e., a party is required by law to reveal certain pieces of information relevant to a lawsuit. Discovery comprises of depositions, requests for admission, request for production, and interrogatories.

The legal term disclosure refers to the portion of the litigation process where each party in the suit is required to disclose any documents that may be considered relevant to the case going to court. The second stage of the process involves providing the list of documents to the other party involved in the litigation.

The disclosure may include:

• a synopsis or police summary of the case.
• a Crown screening form.
• a copy of the information.
• police officer’s notes.
• witness statements.
• surveillance video and photos.
• financial documents.
• medical records.

A non-disclosure agreement is a legally binding contract that establishes a confidential relationship. The party or parties signing the agreement agree that sensitive information they may obtain will not be made available to any others.

Disclosure of evidence refers to the process by which someone charged with a criminal offence is provided copies of, or access to, material from the investigation that is capable of undermining the prosecution case and/or assisting their defence.

Under the U.S. Constitution, the prosecution must disclose to the defendant all evidence that proves guilt as well as all evidence that proves innocence. Evidence generally falls into three categories, inculpatory, exculpatory, and impeachment.

Disclosure refers to the part of the litigation process in which each party is required to make available to the other party documents that are relevant to the issues in dispute. The process is intended to ensure that the parties “put their cards on the table” in respect of documentary evidence at an early stage.

The initial disclosure test is an objective test. Material must be disclosed if it “might reasonably be considered capable of undermining the case for the prosecution or of assisting the case for the accused”.

The CPIA, as amended by the CJA 2003, provides the statutory framework governing the disclosure of unused material in criminal proceedings. A Code of Practice made under Part II of the CPIA details how relevant material obtained in a criminal investigation is to be recorded, retained and revealed to the prosecutor.

The prosecution has a statutory duty to disclose any prosecution material which has not previously been disclosed which might reasonably be expected to be capable of undermining the prosecution case or assisting the case for the defendant. See Practice Note: Obtaining disclosure of unused evidence.

The disclosure officer is usually a police officer with responsibility for examining all unused material as it is identified, and ensuring it is scheduled where appropriate. Scheduling refers to the process of recording the identified material.

Primary Disclosure The test is a subjective one (based on the opinion of the prosecutor) but it covers a wide range of material to include anything which might weaken the prosecution case against the defendant.

The golden rule is that full disclosure of such material should be made. 3. However, it is also essential that the trial process is not overburdened or diverted by erroneous and inappropriate disclosure of unused prosecution material, or by misconceived applications in relation to such material.