Questions About Double Jeopardy? (the law term, not the game show)?

If a person isn't indicted, can they be tried again for the crime?

If there is new evidence can they be tried again?Questions About Double Jeopardy? (the law term, not the game show)?
If a person is not indicted, it means they have never stood trial, therefore, if new evidence come up, they can be indicted at a later date and stand trial.



If they stand trial and are acquitted, but later new evidence comes up, basically no, they cannot be tried again. But there are loopholes. They can be tried for a different crime that was committed while doing the one that they are charged with initially. They can also be sued in civil court (example: OJ). And, they could be tried in a different jurisdiction that may cover it, like if originally tried in state court, they could be tried in federal court (example: the cops that stood trial in the Rodney King beating).
Double jeopardy means that you can't be tried for the same offense twice if you are acquitted. If they find additional evidence they can follow up on it. Even if the case is dismissed in court, the judge can do so "with prejudice," meaning that they can reindict the person should evidence arise that is compelling.Questions About Double Jeopardy? (the law term, not the game show)?
The only way they can be tried again is if the new charges fall under a different jurisdiction (eg. federal vs state) OR if there are new charges based on substantial new evidence that significantly changes the fact pattern and results in NEW charges.
If someone is not indicted, they haven't been charged or tried for the crime. Double jeopardy does not apply.

If new evidence is discovered, of course, they can be indicted and tried.

If someone is acquitted on a charge, they cannot be retried.Questions About Double Jeopardy? (the law term, not the game show)?
this is a very tricky area of the law. If the person was not indicted, were they actually tried? Did they waive indictment and porceed to trial without one? If yes, they cannot be tried again for the same act.



But,



If there was a mistrial, if it was not caused by the intentional misconduct of the prosecutor, there can be another trial.



If there was a hung jury, there can be another trial.



If there is an offense that requires proof af another element than the one tried, then it is not considered to be the same offense, there can be another trial.



If there was a trial, and the person was acquitted, (found not guilty) then there cannot be another trial. Think OJ. If he shouted from the rooftops that he killed Nicole, he cannot be tried again because he has been acquitted. The only reason he is not admitting it now is that he is trying to protect his reputation.



The US constitution protects a person from being twice put in jepordy for the same crime. But it depends on if the person was actually put in jeopardy for the crime charged, or if it is a different crime.



It can also depend on whether or not there was a moment in time when jeporady actually occured. In Texas, jeopardy does not attatch to a criminal porceeding until the jury is sworn in, or if it is a non-jury trial, when the first witness is sworn to testify. Before one of those two things occurs the prosecutor could dismiss the charge and still have the option of picking it up again later, as long as the statute of limitations has not passed.



Good Luck
You sound like an idiot but it's actually a smart question. The word you are looking for is the verb for verdict (whatever it is).

Your first question: generally no, although can be yes in America if jurisdictions are different, and now can be yes in the UK in limited situations for serious crimes.

Your second question: a prosecution brought by a private citizen is still legal in commonwealth countries such as Australia and the UK even though they rarely happen. The famous Oscar Wilde trial of the 1890's between him and the Marquis of Queensbury was actually initiated with a private prosecution (by Wilde).

And No; private prosecutions do not override the double jeopardy law.