
Double jeopardy is a constitutional right in the United States that prohibits a defendant from being tried more than once for the same crime. Canada, Japan, India, and Mexico also view double jeopardy as a constitutional right. In other countries it can be used as a procedural defense.
The concept of double jeopardy was founded based on the Fifth Amendment to the United States Constitution. The clause reads “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.” The objective of this clause is to limit abuse by the government through repeated prosecution. Essentially, it eliminates a form of oppression.
Specifically, double jeopardy provides U.S. citizens with three protections. First, you cannot be retried for the same crime following an acquittal. Second, you cannot be punished more than once for the same offense. Third, you do not have to face retrial after a conviction. The clause is applicable in the United States Supreme Court and all 50 States (through the incorporation of the Fourteenth Amendment).
A good example of double jeopardy can be described in the following scenario. If a person is acquitted for a crime and police find new evidence in the case, the defendant cannot be tried again on the same charge. Furthermore, the defendant cannot be charged on a similar charge linked to the case. In other words, in order to be charged based on the new evidence, a whole new crime has to come into play. For example, if an individual is acquitted or convicted for battery and later charged with the murder of the victim, double jeopardy does not bar further prosecution.
Double jeopardy attaches in a non-jury trial after the initial evidence is submitted and the first witness is sworn in. For a jury trial, jeopardy begins once the jury has been sworn in.
The North Carolina Wesleyan College provides an in-depth information piece on double jeopardy via its Web site. This document reviews the basics of double jeopardy and issues surrounding jurisdiction and miscellaneous concerns. For additional helpful law and legal resources visit School Work Legal page.
LAW UPDATE: 04/23/10: Historic Obama Health Care Reform Bill PASSED.
Strong Reaction from Law Makers, Attorneys, Lawyers and the Public
Consumers and attorneys both democrat and republican alike are split on the Health Care Reform bill being passed, which was signed into law on this historic date of April 23 2010.