12-04-2015, 01:19 AM
Under our strict double jeopardy laws, the prosecution cannot appeal a jury or bench acquittal in the United States.
The one (rare) exception: If the judge or prosecutor is proven to have acted fraudulently on behalf of the defendant (bribed to rig an acquittal), the acquittal can be reversed and the defendant can be retried. In such a case, double jeopardy doesn't apply because the defendant's freedom was not actually in jeopardy the first time he/she was tried for the same crime.
The one (rare) exception: If the judge or prosecutor is proven to have acted fraudulently on behalf of the defendant (bribed to rig an acquittal), the acquittal can be reversed and the defendant can be retried. In such a case, double jeopardy doesn't apply because the defendant's freedom was not actually in jeopardy the first time he/she was tried for the same crime.