ARTICLE II
BILL OF RIGHTS

Section 4. Due Process and Fair Trial.

(9) No person shall be subjected to double jeopardy, but retrial shall be permitted after a conviction has been reversed on the defendant's appeal.

''ARTICLE I, SUPREMACY OF THE CONSTITUTION, Section 4. Due Process and Fair Trial''

(1) No person shall be deprived of life, liberty, or property without due process of law.

(2) Every person charged with a criminal offense shall be presumed innocent until proven guilty beyond a reasonable doubt.

(3) Bail shall not be required in an amount greater than needed to ensure that the accused will appear for trial, nor may any person be detained before trial when other means are available to provide reasonable assurance that he will not flee or gravely endanger the public safety.

(4) In all criminal prosecutions, the accused shall enjoy the right to be informed promptly and in detail of the nature and cause of the accusation against him; to a prompt judicial determination of whether there is good cause to hold him for trial; to a speedy and public trial before an impartial tribunal; to have adequate time and facilities for the preparation of his defense; to defend himself in person or through legal assistance of his own choice and, if he lacks funds to procure such assistance, to receive it free of charge if the interests of justice so require; to be confronted with the witnesses against him; and to have compulsory process for obtaining witnesses in his favor.

(5) There shall be a right to trial by jury, unless knowingly and voluntarily waived by the accused, whenever the applicable law makes the offense punishable by three (3) or more years in prison or, in the case of an offense for which no maximum is specified, whenever the sentence actually imposed is three (3) years or longer.

(6) No person shall be held to answer for a crime except on presentment or indictment or criminal information.

(7) No person shall be compelled in any criminal case to be a witness against himself, or against his spouse, parent, child, or sibling, or to give testimonial evidence against any such person whenever that evidence might directly or indirectly be used to obtain such person’s criminal conviction.

(8)No person shall be subjected to coercive interrogation, nor may any involuntary confession or involuntary guilty plea, or any confession extracted from someone who has not been informed of his rights to silence and legal assistance and of the fact that what he says may be used against him, be used to support a criminal conviction.

(9) No person shall be subjected to double jeopardy, but retrial shall be permitted after a conviction has been reversed on the defendant’s appeal.

(10) No person shall be preventively detained, involuntarily committed, or otherwise deprived of liberty outside the criminal process, except pursuant to Act, subject to fair procedures, and upon a clear showing that the person's release would gravely endanger his own health or safety, or the health, safety, or property of others.

PART I - GENERAL PROVISIONS
ARTICLE 1. PRELIMINARY

§1.08. When Prosecution Barred by Former Prosecution for the Same Offense.
When a prosecution is for a violation of the same provision of the statutes and is based upon the same facts as a former prosecution, it is barred by such former prosecution under the following circumstances:
(1) The former prosecution resulted in an acquittal. There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of fact or in a determination that therewas insufficient evidence to warrant a conviction.
(2) The former prosecution was terminated, after the complaint, information, or citation had been filed, by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the same offense.
(3) The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction that has not been reversed or vacated, or a verdict of guilt that has not been set aside and that is capable of supporting a judgment, or a plea f guilty accepted by the court. In the latter two cases, failure to enter judgment must be for a reason other than a motion of the defendant.
(4) The former prosecution was improperly terminated. Except as provided in this Subsection, there is an improper termination of a prosecution if the termination is for reasons not amounting to an acquittal, and, if it is a bench trial, it takes place after the first witness is sworn, or, if it is a jury trial, after the jury is sworn in, but before a decision, final order or judgment. Termination under any of the following circumstances is not improper:
(a) The defendant consents to the termination or waives his or her right to object to the termination;
(b) The trial court finds that the termination is necessary because:
(i) it is physically impossible to proceed with the trial in conformity with law; or
(ii) there is a legal defect in the proceedings that would make any judgment entered reversible as a matter of law; or
(iii) prejudicial conduct, in or outside the courtroom, makes it impossible to proceed with the trial without the injustice to either the defendant or the Republic; or
(iv) the jury is unable to agree upon a verdict; or
(v) false statements of a juror on voir dire prevent a fair trial.

§1.09. When Prosecution Barred by Former Prosecution for Different Offense.
Although a prosecution is for a violation of a different provision of the statutes than a former prosecution or is based on different facts, it is barred by such former prosecution under the following circumstances:
(1) The former prosecution resulted in an acquittal or in a conviction as defined in Section 1.08 and the subsequent prosecution is for:
(a) any offense of which the defendant could have been convicted on the first prosecution; or
(b) any offense for which the defendant should have been tried on the first prosecution under Section 1.07, unless the court ordered a separate trial of the charge of such offense; or
(c) the same conduct, unless:
(i) the offense of which the defendant was formerly convicted or acquitted and the offense for which the defendant is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of such offenses is intended to prevent a substantially different harm or evil, or
(ii) the second offense was not consummated when the former trial began.
(2) The former prosecution was terminated, after the information, complaint, or citation was filed, by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact that must be established for conviction of the second offense.
(3)The former prosecution was improperly terminated, as improper termination is defined in Section 1.08, and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.