Quentin was tried for robbery. The jury returned a verdict of not guilty, and the government has filed an appeal. In that appeal, the government alleges that the judge committed “substantial and harmful errors prejudicial to the government. These errors caused the government’s case to fail before the jury.” The government is seeking a reversal of the acquittal and a new trial. Assuming the judge did commit such errors, which of the following is most true concerning the Double Jeopardy Clause and the appeal?
A. It would violate the Double Jeopardy Clause for the appellate court to order a new trial.
B. It would violate the Double Jeopardy Clause for the appellate court to order a new trial unless it can be shown that the trial judge’s errors rise to the level of creating a manifest necessity for a new trial.
C. It would not violate the Double Jeopardy Clause for the appellate court to correct the trial judge’s errors by ordering a new trial.
D. None of the above are correct.
Answer: A
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