![]() ![]() Society's awareness of the heavy personal strain which a criminal trial represents for the individual defendant is manifested in the willingness to limit the Government to a single criminal proceeding to vindicate its very vital interest in enforcement of criminal laws. 662, 671 (1896) A verdict of acquittal, although not followed by any judgment, is a bar to a subsequent prosecution for the same offense. If the judgment is upon an acquittal, the defendant, indeed, will not seek to have it reversed, and the government cannot. With one exception, in the United States an acquittal cannot be appealed by the prosecution because of constitutional prohibitions against double jeopardy. It was known for acquitted persons to die in jail for lack of jailer's fees. However, until 1774 a defendant acquitted by an English or Welsh court would be remanded to jail until he had paid the jailer for the costs of his confinement. In modern England and Wales, and in all countries that substantially follow English criminal procedure, an acquittal normally results in the immediate liberation of the defendant from custody, assuming no other charges against the defendant remain to be tried. Also, the Criminal Procedure and Investigations Act 1996 permits a "tainted acquittal" to be set aside in circumstances where it is proved beyond reasonable doubt that an acquittal has been obtained by violence or threats of violence to a witness or juror/s. In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an exception to the double jeopardy rule, by providing that retrials may be ordered if "new and compelling evidence" comes to light after an acquittal for a serious crime. However a verdict of "not proven" does not give rise to the double jeopardy rule. Scots law has two acquittal verdicts: not guilty and not proven. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. ![]() In some countries, such as the United States, an acquittal prohibits the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The finality of an acquittal is dependent on the jurisdiction. ![]() In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. ![]()
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