Criminal Procedure

Lesson 39: Double Jeopardy Protections

As part of our exploration of Constitutional Rights and Protections, this lesson delves into the concept of Double Jeopardy. Double Jeopardy is a fundamental right guaranteed by the Fifth Amendment of the United States Constitution, which states:

"...nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb..."

Double Jeopardy Protections prevent an individual from being tried twice for the same crime, ensuring fairness and finality in legal proceedings. This protection encompasses three core aspects:

Protection against a second prosecution after acquittal.
Protection against a second prosecution after conviction.
Protection against multiple punishments for the same offense.

Key Supreme Court Cases

Several landmark cases have shaped the understanding and application of Double Jeopardy Protections:

Blockburger v. United States (1932): Established the "same elements" test, which examines whether each offense contains an element that the other does not.
Benton v. Maryland (1969): Incorporated Double Jeopardy Protections to apply to the states through the Fourteenth Amendment.
United States v. Dixon (1993): Reaffirmed the Blockburger test and clarified the application of Double Jeopardy in cases of contempt of court.

Diagram: Double Jeopardy Protections

graph TD; A["Double Jeopardy Protections"] --> B["After Acquittal"]; A --> C["After Conviction"]; A --> D["Multiple Punishments"];

Exceptions to Double Jeopardy Protections

There are specific exceptions where Double Jeopardy Protections do not apply. These include:

Separate Sovereigns Doctrine: Different sovereigns (e.g., state and federal governments) can prosecute for the same conduct without violating Double Jeopardy.

Mistrials: If a trial is declared a mistrial due to a hung jury or other valid reasons, retrial is permitted.

Practical Application

In practice, understanding Double Jeopardy Protections helps defense attorneys to safeguard their clients' rights. For instance, if a defendant is acquitted of a charge, they cannot be retried for the same charge in the same jurisdiction.

Related Lessons

To explore more about the historical context and other constitutional protections, check out our lesson on the Historical Development of Criminal Procedure. Additionally, for a deeper understanding of these topics, consider reading Criminal Procedure: Principles, Policies and Perspectives.