What is Double Jeopardy?

Double jeopardy when it pertains to criminal cases is when an individual is prosecuted for the same offense more than once. The Fifth Amendment of the United States Constitution protects against double jeopardy and states that the government cannot prosecute an individual more than one time for the same offense and goes on to explain that only one punishment per offense will be imposed upon the person.

 

 Throughout the US, many states also have laws governing double jeopardy that provides the same right to individuals that appear in local courts. Even though not all states have this in their constitution, under the Fifth Amendment of the US Constitution and the doctrine of incorporation, the Supreme Court ruled that the Due Process and the Equal Protection Clauses found in the Fourteenth Amendment guarantee citizens of all states the right to exercise certain liberties, including those found in the Bill of Rights, with a few exceptions.

 

There are different proceedings that are not included in Double Jeopardy such as when a proceeding does not place an individual in jeopardy of life or limb. Then subsequent proceedings against that individual for the same conduct are not prohibited.

 

A criminal defense attorney in your state will be able to discuss the double jeopardy clause and ensure that your rights under the Fifth Amendment have not been violated.