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    Double Jeopardy

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    Francisco Medina
    The double jeopardy clause of the Fifth Amendment prohibits prosecuting a person twice for the same criminal offense. It protects against financial and emotional hardship from repeated trials and limits prosecutorial power. Double jeopardy attaches once a jury is empaneled and sworn in, prohibiting a second trial for the same crime unless certain exceptions apply. Courts use different tests to determine what constitutes the "same offense." Consultation with a criminal defense attorney can help clarify if double jeopardy protections apply in a particular case.

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    Double Jeopardy

    Uploaded by

    Francisco Medina
    18 views2 pages
    The double jeopardy clause of the Fifth Amendment prohibits prosecuting a person twice for the same criminal offense. It protects against financial and emotional hardship from repeated trials and limits prosecutorial power. Double jeopardy attaches once a jury is empaneled and sworn in, prohibiting a second trial for the same crime unless certain exceptions apply. Courts use different tests to determine what constitutes the "same offense." Consultation with a criminal defense attorney can help clarify if double jeopardy protections apply in a particular case.

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    The double jeopardy clause of the Fifth Amendment prohibits prosecuting a person twice for the same criminal offense. It protects against financial and emotional hardship from repeated trials and limits prosecutorial power. Double jeopardy attaches once a jury is empaneled and sworn in, prohibiting a second trial for the same crime unless certain exceptions apply. Courts use different tests to determine what constitutes the "same offense." Consultation with a criminal defense attorney can help clarify if double jeopardy protections apply in a particular case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    18 views2 pages

    Double Jeopardy

    Uploaded by

    Francisco Medina
    The double jeopardy clause of the Fifth Amendment prohibits prosecuting a person twice for the same criminal offense. It protects against financial and emotional hardship from repeated trials and limits prosecutorial power. Double jeopardy attaches once a jury is empaneled and sworn in, prohibiting a second trial for the same crime unless certain exceptions apply. Courts use different tests to determine what constitutes the "same offense." Consultation with a criminal defense attorney can help clarify if double jeopardy protections apply in a particular case.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Double Jeopardy

    We've all heard the phrase "double jeopardy" on TV or in movies,


    but what does it mean, legally? Protections against double
    jeopardy keep criminal defendants from facing prosecution
    more than once for the same offense (with a few exceptions).
    Below you will find information on the double jeopardy rule,
    eligibility and more.

    Double Jeopardy Basics

    The U.S. Constitution's Fifth Amendment contains a Double


    Jeopardy Clause, which says that no person shall "be subject for
    the same offense to be twice put in jeopardy of life or limb."
    Most state constitutions similarly protect individuals from being
    tried twice for the same crime. For criminal defendants, this is a
    crucial constitutional right.

    For example, Joshua is tried for burglary and is acquitted. The


    prosecution is unhappy with the outcome but is constitutionally
    barred from re-trying him for the same offense.

    Even in states that do not expressly prohibit double jeopardy,


    the protection must still be afforded, because the Fifth
    Amendment applies not only to the federal government but also
    to the states via the doctrine of incorporation.

    There are several reasons behind the rule against double


    jeopardy. However, some of the most important reasons include
    the need:

     To preserve the finality of criminal proceedings, which


    would be compromised if the government were allowed to
    ignore verdicts it did not like;
     To impose limits on prosecutors' power; and
     To protect individuals from the financial and emotional toll
    of repeated prosecutions.

    States can provide greater protection against multiple


    prosecutions than the U.S. Constitution does, but not less.

    Eligibility for Double Jeopardy Protection


    Although the text of the Fifth Amendment refers to being placed
    twice in jeopardy of "life or limb," the Supreme Court has said
    that protections against re-prosecution for the same crime
    extend to all felonies, misdemeanors and juvenile delinquency
    adjudications, regardless of the potential punishment.

    Nonetheless, there are some things to keep in mind. First, if a


    defendant was never previously in legal "jeopardy," then
    subsequent prosecution is not prohibited. For instance, if
    prosecutors take certain actions before jeopardy begins, or
    attaches, such as dismissing the indictment, nothing will
    prevent them from later trying the same person for the same
    offense.

    Once an individual has been placed in legal jeopardy and


    the jeopardy has ended, the government cannot continue to
    pursue a prosecution against the person for the same crime,
    because this would violate the rule against double jeopardy.
    Jeopardy will always end after a jury's verdict of acquittal, and
    sometimes it also ends after certain other events, such as the
    trial judge's declaration of a mistrial.

    Finally, the double jeopardy rule applies to re-prosecution for


    the same offense, but what constitutes the same offense? State
    and federal courts apply a multitude of tests to determine
    whether the same facts have already been litigated, whether the
    "actual evidence" has already been presented in court, whether
    all the alleged criminal acts were part of the "same
    transaction," or whether the defendant is being prosecuted a
    second time for the "same conduct."

    Learn More About Double Jeopardy by Talking to an Attorney

    The right not to be re-prosecuted for the same crime is a


    fundamental constitutional protection, and it could keep you out
    of jail. However, this is a complex area of criminal law. To find
    out whether you can add double jeopardy to your defenses,
    reach out to a local criminal defense attorney.

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