Legal Definitions - former jeopardy

The term former jeopardy refers to the legal status of an individual who has already faced a criminal prosecution for a specific offense. It signifies that a person has previously been put "in jeopardy"—meaning they have been subjected to a trial, or a plea has been accepted by the court, or a jury has been empaneled and sworn—for a particular crime.

This status is crucial because it activates the constitutional protection against "double jeopardy," which prevents the government from prosecuting someone again for the same crime after an acquittal, conviction, or certain other outcomes. Essentially, former jeopardy is the factual condition that allows a defendant to argue that a new prosecution for the same offense is improper and should be barred.

• Example 1: Acquittal After Trial

  Imagine a scenario where David is accused of arson for a fire at an old warehouse. He goes through a full criminal trial, presents his defense, and the jury ultimately finds him not guilty.

  In this case, David has been in former jeopardy for that specific arson incident. Because he was tried and acquitted, the prosecution cannot later bring new charges against him for the *same* warehouse fire, even if new evidence were to emerge years later. His prior trial and acquittal prevent any subsequent prosecution for that identical offense.

• Example 2: Conviction Following a Guilty Plea

  Consider Maria, who is charged with grand theft auto. Rather than going to trial, she enters a plea bargain, pleading guilty to the charge. The court accepts her plea, convicts her, and sentences her to probation.

  Maria has now been in former jeopardy for that particular grand theft auto incident. Her guilty plea and subsequent conviction mean the state cannot later decide to retry her for the *same* car theft, even if they believe they could secure a harsher sentence or if new witnesses come forward.

• Example 3: Dismissal After Jury Impanelment

  Suppose a jury has been selected and sworn in for a criminal trial involving a charge of aggravated assault against Robert. Before any evidence is presented, the prosecutor realizes a critical piece of evidence was mishandled by law enforcement and decides to ask the judge to dismiss the case. The judge grants the dismissal.

  Because the jury was already empaneled and sworn, Robert was considered to be in former jeopardy for that aggravated assault charge. Depending on the specific circumstances of the dismissal (especially if it was due to prosecutorial error or misconduct), the prosecution might be prevented from bringing the *same* aggravated assault charge against Robert again, as that would constitute double jeopardy.