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Double jeopardy is a situation in which a person cannot be tried for the same offence twice. The right is an integral part of the US Constitution. The Fifth Amendment protects people from being “put in jeopardy of life or limb” after they have already gone through a painful trial process.  Double jeopardy laws protect people from having to constantly prove their innocence even after they were found not to be guilty.

Double jeopardy allows for protection against three main legal abuses. The first abuse double jeopardy protects against is a second prosecution for the same offense after acquittal. Double jeopardy also protects against a second prosecution for the same offense after conviction and also for multiple punishments for the same offense.

If punishments are for different offenses then there is no double jeopardy protection. Double jeopardy can be put into effect only in cases where the offenses fail a “same elements” legal test. In this test, offenses can be differentiated based on certain criteria.

One major factor of double jeopardy is that state and federal courts can both try same offenses since the two institutions hold different sovereignty. Double jeopardy may be applied in cases where the federal court is acting on behalf of the state court.  These cases can be thrown out of court when it is proven that the state, unable to prosecute someone under double jeopardy, instigated a federal prosecution for the same crime.

Since this last issue is complicated it is difficult to prove in court.  Federal and state officials often work with each other on criminal cases.  When a state and federal court both try someone for the same offense because of shared knowledge it does not fall under double jeopardy protection. 

Double jeopardy is referred to as a “legal technicality” instead of a legal right.  Double jeopardy allows the defendant to not address whether the crime was actually committed or if they are guilty or innocent.  Any evidence that is uncovered which may show that a person is guilty is inadmissible if they were already tried for the same crime.

Because the double jeopardy protection can be a complicated matter, only experienced double jeopardy lawyers should be consulted. A case may be able to be tried even if the defendant is calling for double jeopardy. In other cases, a person may not be tried for something due to double jeopardy even though a prosecutor has brought charges against them.

If you or someone you know may be involved in a legal case of double jeopardy, contact a lawyer through this Web site for a free consultation immediately. 

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