The rule permits some later proceedings. A hung jury may produce a retrial because no final verdict was reached. A conviction reversed for procedural trial error usually may be retried, while reversal because the evidence was legally insufficient generally has the effect of an acquittal. A defendant's own appeal is not a forbidden second prosecution. Under the separate-sovereigns doctrine, state and federal governments may prosecute the same conduct under their respective laws, although two counties within one state are not separate sovereigns. Suppose a state jury acquits a defendant of robbery and state prosecutors file the identical robbery charge again after finding a stronger witness. That is the core violation. A later federal charge containing a distinct federal offense presents a different inquiry. A common mistake is to assume that any second court proceeding arising from the same facts automatically violates double jeopardy.

Video lesson: Due Process of Law: Crash Course Government and Politics #28