What Is Double Jeopardy?
The Double Jeopardy clause guarantee's that a person will not be tried twice for the same crime or offense in the same jurisdiction. Double jeopardy occurs if someone is charged with a crime and found innocent, and then charged with the same crime a second time. Double Jeopardy Protects against Three Different Types of Abuses - A second prosecution for the same offense after conviction
- A second prosecution for the same offense after acquittal
- Multiple punishments for the same offense
Exceptions to the Double Jeopardy Clause - An individual can be tried twice based on the same facts as long as the elements of each crime are different.
- Different jurisdictions can charge the same individual with the same crime based on the same facts without violating double jeopardy. For example, the federal and state governments can try the same defendant for the same conduct as long as some aspect of the defendant¿s conduct violated both a federal and a state law.
- Double jeopardy prohibits only more than one criminal prosecution based on the same facts and same crime. Thus, even after a defendant is acquitted criminally, a civil suit may still be brought.
Examples
If a defendant is tried for a burglary that allegedly occurred at 1234 Green Street on January 1, 2000 and is acquitted, the defendant cannot be tried a second time for the burglary of that same house on the same date. If the defendant is tried and acquitted for allegedly selling cocaine at 1234 Green Street on January 1, 2000 to Bill, that same defendant can still be tried for allegedly selling cocaine at 1234 Green Street on January 1, 2000 to John. Each time the cocaine is sold is a separate act and a separate offense, and each can be tried without violating the double jeopardy clause. What Can You Do if You Are Being Charged Twice for the Same Crime?
If you believe that you are being prosecuted twice for the same crime, you should speak to a lawyer immediately to learn more about your rights, your defenses, and the complicated legal system. |
