Massachusetts General Laws ch. 33A sec. 44 – Former jeopardy
Current as of: 2023 | Check for updates
|
Other versions
Article 44. Former jeopardy.
Terms Used In Massachusetts General Laws ch. 33A sec. 44
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) No person shall, without the person’s consent, be tried a second time for the same offense.
(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial for the purposes of this article until the finding of guilty has become final after review of the case has been fully completed.
(c) A proceeding that, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused shall be considered to be a trial in the sense of this article.