Legal Definitions - Double Jeopardy Clause

The Double Jeopardy Clause is a vital protection found in the Fifth Amendment to the United States Constitution. It prevents the government from prosecuting an individual more than once for the same criminal offense after an acquittal, a conviction, or in certain situations, after a trial has ended without a verdict.

Its fundamental purpose is to ensure finality in criminal proceedings, shielding individuals from the significant burden, expense, and anxiety of repeated government attempts to convict them for the same alleged crime.

Here are some examples illustrating how the Double Jeopardy Clause applies:

• Example 1: Protection After Acquittal

  Imagine a scenario where Mr. Alex Miller is accused of arson. He undergoes a full criminal trial, during which the prosecution presents its case and the defense presents its arguments. After careful deliberation, the jury returns a verdict of "not guilty."

  How it illustrates the term: Because Mr. Miller was acquitted of the arson charge, the Double Jeopardy Clause prevents the state government from bringing new charges against him for that specific act of arson, even if new evidence were to emerge later. The legal process for that particular offense has concluded, and he cannot be put in jeopardy again for the same crime.

• Example 2: Protection After Conviction and Punishment

  Consider Ms. Sarah Jenkins, who is found guilty of grand theft auto. She is sentenced to a term in prison, which she serves completely, followed by a period of parole. After her release, the prosecutor's office discovers additional evidence that further confirms her guilt.

  How it illustrates the term: Once Ms. Jenkins has been convicted and has completed her punishment for the grand theft auto, the Double Jeopardy Clause protects her from being tried again for that same crime, or from receiving additional punishment for it by the same government. The government cannot decide later that her punishment was insufficient and attempt to prosecute her again or impose a new sentence for the identical offense.