In this case, the rule would apply equally to an autrefois convict and autrefois acquit factual scenario, expanding the reach of the Diaz holding.
Here, the basis for the bar is derived from the common law autrefois acquit plea at common law.
Finally, looking at Diaz as an exception to autrefois convict makes more sense from a policy perspective because the original holding was not trying to create an exception to a double jeopardy autrefois acquit scenario.
The result of this analysis is that in an autrefois acquit scenario there is no difference between the application of the two double jeopardy bars if Diaz is properly viewed as an exception or collateral estoppels is applied to ensure just results.
concurring) (concluding that "In 1769, Blackstone used the term 'jeopardy' to describe the principle underlying Coke's pleas of autrefois acquit and autrefois convict; these pleas, he wrote, rested on 'the universal maxim of the common law of England, that no man is to be brought into jeopardy of his life, more than once, for the same offence.
33) Sigler, supra note 12, at 20; 2 Matthew Hale, The History of the Pleas of the Crown *248 (stating that "But autrefois convict or autrefois acquit by verdict .
In both leaving open the possibility that some prosecutions would warrant judicial limitation due to their "abuse of process" and that autrefois acquit
bars prosecution for "substantially similar" offenses, Lord Morris implicitly recognized the negative of consequences of strictly construing double jeopardy law.
And so, ordinarily, Robin can plead autrefois acquit in her second trial because she really was tried for robbery--the same offense, la meme felonie--in the first trial, and was acquitted.
Whereas the formal rules of the Double Jeopardy Clause apply equally to autrefois acquit and autrefois convict, the collateral estoppel principle aids a defendant who is in effect acquitted on some contested issue.
If we view the misconduct/mistrial issue primarily through the prism of the Double Jeopardy Clause, we might think that the sole or most apt judicial response to prosecutorial misconduct is an award of acquittal; the Clause, as we have seen, is tightly linked to the idea of autrefois acquit.
At common law, a third plea, autrefois attains complemented autrefois acquit and autrefois convict.
Thus, there is a resonance between the autrefois acquit idea and the Winship principle that seeks to avoid erroneous convictions by placing a heavy burden of proof on the government.