If the prosecutor did a poor job of arguing a case, and as a result, a guilty person was released back into the community, the double jeopardy clause would prevent the criminal's case from ever being

If the prosecutor did a poor job of arguing a case, and as a result, a guilty person was released back into the community, the double jeopardy clause would prevent the criminal's case from ever being tried again. Do you think that's fair? Why or why not?