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2024-10-04 23:48:36 UTC
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𝐉𝐨𝐧 𝐁𝐞𝐫𝐠𝐞𝐫 on Nostr: Sorry, I probably didn't say that well. The reason that the government can't appeal ...

Sorry, I probably didn't say that well. The reason that the government can't appeal criminal acquittals in the U.S. is because doing so would violate the Double Jeopardy Clause. (Green v. U.S. (1957) 355 U.S. 184, 188 is the usual citation for that, but a million courts have said so.) It's not that the appeal as such would be double jeopardy, it's that the Double Jeopardy Clause would prohibit the government from re-trying the defendant. Hence my slight surprise that it's different in Canada.