What is the constitutional right against double jeopardy?
Describe three situations in which a second trial...
What is the constitutional right against double jeopardy?
Describe three situations in which a second trial would not violate
a defendant’s right against double jeopardy.
Solutions
Expert Solution
The Double Jeopardy clause in the Fifth Amendment to the U. S.
Constitution provides that "No person shall ... be subject for the
same offense to be twice put in jeopardy of life or limb." Most
states have the same guarantee for defendants appearing in state
court.
Even in states that do not expressly guarantee this right in
their state constitutions, the doctrine of incorporation ensures
that the Bill of Rights applies to state and local governments,
therefore the protection against double jeopardy must still be
afforded to criminal defendants.
Only certain types of criminal cases qualify for double
jeopardy protection. If a particular proceeding does not place an
individual in jeopardy, then subsequent proceedings against that
individual for the same conduct are not prohibited.
Although the text of the Fifth Amendment suggests that double
jeopardy protection extends only to proceedings threatening "life
or limb," the Supreme Court has established that the right is not
limited to capital crimes or corporeal punishment. Instead,
protection extends to all felonies, misdemeanors, and juvenile
delinquency adjudications, regardless of the punishments they
prescribe.
Specifically, double jeopardy protects against:
a prosecution for the same offense after an acquittal
a prosecution for the same offense after a conviction, and
more than one punishment for the same offense.
Double jeopardy prohibits different prosecutions for the same
offense, but it doesn’t protect a defendant from multiple
prosecutions for multiple offenses.
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