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Which of the following plays no part in proving criminal liability?

A. Motive
B. State of Mind
C. The criminal act

User Venita
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1 Answer

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Final answer:

The concept of double jeopardy prevents a defendant from being tried again on the same charges after a legitimate acquittal or conviction. None of the listed options are forbidden as double jeopardy applies within the same jurisdiction and does not pertain to separate sovereign authorities (state and federal). Dual sovereignty allows for the possibility of being tried in both state and federal court for the same act.

Step-by-step explanation:

The question you've asked pertains to the concept of double jeopardy, which is a legal principle in the United States that prevents a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction. Under the Fifth Amendment of the U.S. Constitution, which includes the double jeopardy rule, none of the options listed (a, b, and c) are correct in the context of being forbidden actions. Specifically, the rule forbids Prosecuting someone again for the same offense after acquittal Prosecuting someone again for the same offense after conviction Prosecuting a person for more than one offense for the same act (known as the Blockburger test)However, different sovereigns can prosecute for the same act under the Dual Sovereignty Doctrine. This means both a state and the federal government can prosecute for the same act, as they are considered separate sovereigns.As a conclusion, if someone is found not guilty in a state or federal court, they can potentially be tried in the other court system for the same act, as long as it does not violate the double jeopardy clause with respect to that particular sovereign authority's court system.

User Austin Best
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