Legal Dictionary
Double Jeopardy
Definition
The prosecution of a person twice for the same offense.
Deep Dive
Double jeopardy is a fundamental legal principle, primarily enshrined in the Fifth Amendment of the U.S. Constitution, which protects individuals from being prosecuted or punished twice for the same criminal offense after an acquittal, conviction, or certain other judicial findings. This protection ensures that once a person has faced the state's power in a criminal trial and a final judgment has been reached, they cannot be forced to endure repeated trials for the identical offense, thereby providing finality and preventing governmental overreach.
Examples & Use Cases
- 1A person is tried for robbery and found "not guilty" by a jury; the prosecution cannot bring new charges against them for that same robbery, even if new evidence emerges later.
- 2After an individual is convicted of assault and serves their sentence, they cannot be subjected to a second criminal trial for the exact same assault incident.
- 3If a judge declares a mistrial in a criminal case without "manifest necessity" (e.g., a hung jury), retrying the defendant for the same offense may constitute double jeopardy.
Related Terms
Fifth AmendmentAcquittalDue ProcessRes Judicata