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Jul 27, 2022 · Fact-Checked. Under the Fifth Amendment’s protection against double jeopardy, you cannot be prosecuted for the same offense twice. However, when this protection applies depends on how far a case gets in the criminal justice system.
- Double Jeopardy Basics
- Criminal Cases only
- Same Offense vs. Multiple Offenses
- When Jeopardy Attaches
- When Jeopardy Terminates
- Same Or Different Sovereign?
- Multiple Punishment
- Legal Complexity
"Jeopardy" in the legal sense describes the risk brought by criminal prosecution. With notions of fairness and finality in mind, the Framers of the Constitution included the Double Jeopardy Clause to prevent the government from trying or punishing a defendant more than once. Specifically, double jeopardy protects against: 1. a prosecution for the s...
Double jeopardy applies to criminal cases only, not civil or administrative proceedings. That means, for example, that a defendant convicted of a crime isn't immune from a civil lawsuit for damages from the victim of the crime. It also means that the DMV can suspend and revoke drivers' licenses for the same actions that lead to criminal convictions...
Double jeopardy prohibits different prosecutions for the same offense. This rule can come into play when the government brings a charge against someone for an incident, then prosecutes that person again for the same incident, only with a different charge. In that kind of situation, if each charge doesn't require that the prosecution prove at least ...
The government must place a defendant "in jeopardy" for the Fifth Amendment clause to apply. The simple filing of criminal charges doesn't cause jeopardy to "attach"—the proceedings must get to a further stage. Indeed, in many cases, the prosecution can drop charges through dismissal or nolle prosequi, then later refile them. Generally, jeopardy at...
The attachment of jeopardy doesn't necessarily mean the government can't re-prosecute the defendant; jeopardy must also terminate. In other words, the case must in some sense conclude. The classic example is a jury reaching a verdict of either guilty or not guilty. Jeopardy also terminates when a judge finds the evidence insufficient to convict the...
The double jeopardy guarantee protects only against double prosecution or double punishment by the same "sovereign," or government. Even if the exact same conduct is at issue, a state prosecuting someone doesn't prevent the federal government from doing the same, and vice versa. (Learn more about state vs. federal prosecution.) The federal prosecut...
Prosecutors often file multiple charges against defendants for the same set of facts. For example, a prosecutor might charge someone with both assaultand assault with a firearm for pointing a weapon at someone else. In that situation, if a jury were to convict the defendant of both offenses, double jeopardy might well block the judge from handing d...
Double jeopardy, like so many criminal law concepts, is intricate. And the legal rules throughout the country, while often similar, aren't always exactly the same. States, for instance, can have their own double jeopardy protections that supplement the Fifth Amendment. Also, some state legislatures and courts might take different approaches than ot...
The issue of whether a law is civil or punitive in nature is essentially the same for ex post facto and for double jeopardy analysis. 531 U.S. at 263. Ordinarily, however, civil in rem forfeiture proceedings may not be considered punitive for purposes of double jeopardy analysis.3 Footnote United States v.
How to Know Whether a New Charge Violates the Double Jeopardy Clause. All felony and misdemeanor prosecutions at both the State and Federal levels are subject to double jeopardy protections. Knowing whether this may apply to your case will depend on the circumstances and the legal proceedings involved with the previous charge.
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The constitutional concept of double jeopardy, which prevents the government from prosecuting or punishing a defendant more than once for the same act, isn't nearly as simple as it sounds. Look here for information on the principles behind and application of the double jeopardy prohibition. The Ins and Outs of Double Jeopardy.
Double Jeopardy Clause: Doctrine and Practice. Scope of the Double Jeopardy Clause. Dual Sovereignty Doctrine. Double Jeopardy and Reprosecutions. Reprosecution After Mistrial. Reprosecution After Acquittal. Reprosecution Following Conviction. Imposition of Multiple Punishments for the Same Offense.
Young, 531 U.S. 250 (2001) (a statute that has been held to be civil and not criminal in nature cannot be deemed punitive as applied to a single individual). The issue of whether a law is civil or punitive in nature is essentially the same for ex post facto and for double jeopardy analysis. 531 U.S. at 263. The Clause applies in juvenile court ...
