Under what condition may a person not be tried for the same offense a second time in Georgia?

Prepare for the Georgia Constitution Legislative Requirement Exam. Study with comprehensive materials and tackle multiple-choice questions with insightful explanations. Get ready to ace your exam!

In Georgia, the principle that protects individuals from being tried twice for the same offense is known as "double jeopardy." This constitutional protection is anchored in the Fifth Amendment of the U.S. Constitution and is also recognized by the Georgia Constitution. It states that once a person has been acquitted or convicted of a crime, they cannot be tried again for that same offense, ensuring fairness and finality in legal proceedings.

The only exceptions to this principle involve very narrow and specific circumstances, such as a mistrial due to a hung jury, retrials ordered by an appellate court, or cases where the original prosecution was invalidated for procedural reasons. However, these exceptions are not the norm, and the general rule is that a person may not face retrial for the same crime.

In contrast, the other options suggest various conditions under which retrials could occur, which do not align with the established protections under double jeopardy. Thus, the correct understanding of the condition under which a person may not be tried again for the same offense in Georgia is based on this constitutional provision.

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