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LSDefine

Simple English definitions for legal terms

clean-slate rule

Read a random definition: National Labor Relations Board (NLRB)

A quick definition of clean-slate rule:

Clean-Slate Rule: In criminal cases, if a person is found guilty and then appeals their conviction and wins, they can be retried without violating the double-jeopardy rule. This means that they start with a clean slate and can be tried again for the same crime.

A more thorough explanation:

The clean-slate rule is a legal doctrine in criminal procedure that allows for the retrial of a defendant who appealed and obtained a reversal of an earlier conviction. This means that the double-jeopardy prohibition, which prevents a person from being tried twice for the same crime, does not apply in this situation.

For example, let's say that John was convicted of robbery and sentenced to 10 years in prison. However, John appealed his conviction and the appellate court found that there were errors in the trial that violated his rights. The court reversed his conviction and ordered a new trial. Under the clean-slate rule, John can be retried for the same crime without violating the double-jeopardy prohibition.

Another example could be a case where a defendant was acquitted of a crime due to lack of evidence, but new evidence is discovered later that proves their guilt. The clean-slate rule would allow for the defendant to be retried for the same crime based on the new evidence.

Overall, the clean-slate rule provides a way for defendants to have a fair trial without the fear of being punished twice for the same crime. It ensures that justice is served and that the legal system operates fairly and efficiently.

clean letter of credit | cleanup clause

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