Tthe defendant's trial for murder, facts were introduced that the defendant acted in the heat of passion. after a lengthy trial, the defendant was convicted of manslaughter. on appeal, the conviction was reversed on procedural grounds. the state immediately moved to retry the defendant, again bringing murder charges against her. the defendant moved to strike the murder charge, and the court refused to grant the motion. after the second trial, the defendant was again convicted of the lesser charge of manslaughter. the defendant appeals the second conviction, claiming that it violated her constitutional rights.

may the second conviction stand?
no, because the state could not retry the defendant for murder under the circumstances.

what does the double jeopardy clause prohibit?
retrying a defendant whose conviction has been reversed on appeal for any offense more serious than that for which she was convicted at the first trial.

No, because the state could not retry the defendant for murder under the circumstances.

It prohibits retrying a defendant whose conviction has been reversed on appeal for any grievous offense more than which  she was convicted at the first trial

Explanation:

t the defendant's trial for murder, facts were introduced that the defendant acted in the heat of passion. After a lengthy trial, the defendant was convicted of manslaughter. On appeal, the conviction was reversed on procedural grounds. The state immediately moved to retry the defendant, again bringing murder charges against her. The defendant moved to strike the murder charge, and the court refused to grant the motion. After the second trial, the defendant was again convicted of the lesser charge of manslaughter. The defendant appeals the second conviction, claiming that it violated her constitutional rights.

May the second conviction stand

No, because the state could not retry the defendant for murder under the circumstances.

What does the Double Jeopardy clause prohibit?

In the law court the double jeopardy clause prohibit retrying a defendant whose conviction has been reversed on appeal for any offense more serious than that for which she was convicted at the first trial. Double jeopardy right can be violated when a person commits a more serious offense.

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