The United States Constitution offers new protection for people in this country. One of these is a protection against double jeopardy. This is a constitutional protection that prevents a person from being tried twice for the same offense.
Protections against double jeopardy are rooted in the Fifth Amendment. Once a person has been appointed or convicted of a crime, the government can’t prosecute them again for that crime.
When does double jeopardy apply?
The rules surrounding double jeopardy aren’t always clear. Typically, double jeopardy protections kick in if a jury is sworn in and the first witness is sworn in. It’s also possible in a bench trial when the first witness is sworn in. If that trial ends in a verdict, the decision is final for that offense.
One thing to remember is that double jeopardy doesn’t apply across different sovereign jurisdictions. This means that if someone is acquitted in a state court, they may still be prosecuted in a federal court. The opposite is also true. This is known as the dual sovereignty doctrine.
Double jeopardy also doesn’t prevent someone from facing civil lawsuits if they also have a criminal case for the same matter. The two cases are completely independent, so it’s possible to be found guilty in criminal court and not liable in civil court or vice versa.
Protections against double jeopardy help to ensure fairness in the justice system. Without this protection, states could use their power to repeatedly prosecute someone until a conviction is handed down. With the protection against double jeopardy, the finality of verdicts is upheld and ensures defendants can move on with their lives after trial.
Anyone who’s facing criminal charges should learn about all their rights. Working with someone familiar with these matters may be beneficial as you navigate this type of case.