What is double jeopardy?
The double jeopardy clause, contained in the Fifth Amendment to the U.S. Constitution, protects individuals from being tried twice for the same crime by the same sovereign, federal or state, although each may bring charges for the same offense. The clause protects an individual or business from: • A second prosecution for the same offense after acquittal • A second prosecution for the same offense after conviction • Multiple punishments for the same offense A single crime may contain multiple elements such as burglary, kidnapping and rape. Each element can be prosecuted via separate trials or jointly during the same trial without raising a double jeopardy situation. However, once the final judgment is reached with regard to each element, then double jeopardy typically would apply. If a case ends in a mistrial or hung jury, generally the case can be retried without causing a double jeopardy situation, as there was no final decision.
Double jeopardy is a constitutional concept from the United States Constitution that prohibits a state from bringing a defendant to trial more than once for the same offense. Most state constitutions have a similar provision or clause. The double-jeopardy clause of the U.S. Constitution does not prohibit the federal government from bringing a defendant to trial on a charge he or she has previously been tried of by one of the states. The federal government does have a related doctrine called the “petit doctrine,” which requires a U.S. Attorney to have a compelling reason for causing a person to be tried in federal court for a crime that he has already faced trial for in a state court. The petit doctrine is an internal policy of the U.S. Attorney’s Office and is, therefore, not a defense for a defendant.
The double jeopardy clause, contained in the Fifth Amendment to the U.S. Constitution, protects individuals from being tried twice for the same crime by the same sovereign, federal or state, although each may bring charges for the same offense. The clause protects an individual or business from: • A second prosecution for the same offense after acquittal • A second prosecution for the same offense after conviction • Multiple punishments for the same offense A single crime may contain multiple elements such as burglary, kidnapping and rape. Each element can be prosecuted via separate trials or jointly during the same trial without raising a double jeopardy situation. However, once the final judgment is reached with regard to each element, then double jeopardy typically would apply. If a case ends in a mistrial or hung jury, generally the case can be retried without causing a double jeopardy situation, as there was no final decision. Return to index . . .
