Article
Prosecuting the Exonerated
Actual Innocence and the Double Jeopardy Clause
by Jordan M. Barry
In certain circumstances, a prisoner arguing that legal errors infected her trial must convince a court of her innocence in order to get relief. Unfortunately, such judicial exonerations often fail to persuade prosecutors, who are generally free to retry prisoners who successfully challenge their convictions. There have been several instances in which prisoners convinced courts…