Two separate defendants are charged with conspiring to commit fraud. Each has chosen to be tried separately. In the first trial evidence is admitted that demonstrates the defendant attempted to conceal her act of stealing cash. At the second trial, the prosecuting attorney can:
A) Admit the same evidence
B) Refer to the evidence used at the first trial
C) Draw a link between the first trial and the second trial
D) None of the above

Question

Quizplus · Accepted Answer

The Double Jeopardy Clause of the Fifth Amendment prohibits a defendant from being tried twice for the same offense. Since the defendants are being tried for separate charges, the evidence used at the first trial cannot be admitted, referred to, or linked to the second trial. Each trial must be conducted independently with its own evidence and arguments.

Two Separate Defendants Are Charged with Conspiring to Commit Fraud