Double Jeopardy

1
Double Jeopardy

• Jennifer, Heather, and Kevin

2
What is Double Jeopardy?

• Prohibition of double jeopardy prohibits the
  government from unfairly retrying citizens for
  the same offense and is intended to protect
  citizens from unfair prosecution by the
  government.
• The Fifth Amendment states nor shall any
  person be subject for the same offence to be
  twice put in jeopardy of life and limb...

3
Why is this in the Constitution?

• To prevent the government from using its superior
  financial resources
• To protect citizens from financial, emotional,
  and social consequences
• To preserve the finality and integrity of
  criminal proceedings
• To restrict prosecutorial discretion
• To restrict judicial discretion

4
When is someone in jeopardy?

• Jeopardy begins when either the jury or, in
  trials without a jury, when the first witness is
  sworn in.
• Jeopardy ends in either acquittal, dismissal, or
  conviction and appeal.
• If a case is overturned due to a technicality in
  the original case, original jeopardy continues.

5
Criminal vs. Civil Trials

• The Supreme Court ruled that double jeopardy does
  not apply to civil cases, due to the difference
  in purpose.
• People can be tried and acquitted of criminal
  charges but have a civil case brought against
  them by the victim of the crime for which they
  were tried.

6
Other Exceptions

• Dual Sovereignty- allows federal courts and state
  courts to try the same cases
• Sameness- Offenses are not the same if conviction
  for one requires factual proof not required for
  the other
• Implicit Acquittal- During reprosecution of an
  appealed case, the charge can be no greater than
  that of the first trial, unless there is new
  evidence admitted.

7
Multiple Punishment

• The Supreme Court considers multiple punishments
  to be Double Jeopardy.
• A person cannot be punished more than once for
  the same case.