Definitions
- Legal term used to describe the process of bringing new charges against a defendant after a previous indictment was dismissed or invalidated. - Refers to the act of presenting a case to a grand jury for a second time after the first indictment was found to be defective. - Used in legal contexts to describe the process of correcting errors or omissions in an earlier indictment.
- Legal term used to describe the act of prosecuting a defendant again for the same offense after a previous trial ended in a mistrial or hung jury. - Refers to the process of retrying a case that was previously dismissed or overturned on appeal. - Used in legal contexts to describe the act of pursuing a case again after it was previously abandoned or dropped.
List of Similarities
- 1Both words are legal terms used in the context of criminal law.
- 2Both words involve the act of pursuing a case against a defendant again after a previous attempt was unsuccessful.
- 3Both words imply that there was some issue or defect with the previous indictment or trial.
What is the difference?
- 1Context: Reindict is used when new charges are brought against a defendant after a previous indictment was dismissed or invalidated, while reprosecute is used when a case is retried after a previous trial ended in a mistrial or hung jury.
- 2Timing: Reindict occurs before a trial, while reprosecute occurs after a trial.
- 3Cause: Reindict is used when there is an error or omission in the previous indictment, while reprosecute is used when the previous trial was unsuccessful due to a hung jury, mistrial, or appeal.
- 4Outcome: Reindict may result in new charges being added or changed, while reprosecute involves retrying the same charges.
- 5Double jeopardy: Reindict does not raise double jeopardy concerns, while reprosecute may raise double jeopardy concerns if the previous trial resulted in an acquittal.
Remember this!
Reindict and reprosecute are legal terms used in the context of criminal law. While both words involve pursuing a case against a defendant again after a previous attempt was unsuccessful, they differ in their context, timing, cause, outcome, and potential double jeopardy concerns.
