Double Jeopardy: Legal Breakdown
Definition:
Double jeopardy is a constitutional protection under the Fifth Amendment of the U.S. Constitution, which states, “...nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.” This clause ensures individuals cannot be prosecuted or punished multiple times for the same offense.
Protections Offered by Double Jeopardy
1. Protection Against Retrial After Acquittal
Once a person is acquitted (found not guilty), they cannot be tried again for the same crime, even if new evidence surfaces.
Example: If a jury finds someone not guilty of murder, the government cannot retry them for the same murder.
2. Protection Against Retrial After Conviction
After a conviction, the defendant cannot be tried again for the same crime. However, they may appeal the conviction, and if overturned, a retrial could occur.
Example: If someone is convicted of robbery and serves their sentence, they cannot face charges for the same robbery again.
3. Protection Against Multiple Punishments for the Same Offense
The government cannot impose multiple punishments for the same crime. This applies to sentencing in a single trial or subsequent punishments for the same conduct.
When Double Jeopardy Applies
Double jeopardy protections apply when:
1. The Same Sovereign is Prosecuting
Double jeopardy applies only to prosecutions by the same government entity. For example, federal and state governments are considered separate sovereigns, so one can prosecute after the other for the same conduct under different laws (dual sovereignty doctrine).
2. A Valid Trial Begins
Protections apply once a jury is empaneled and sworn in, or in a bench trial, when the first witness is sworn.
3. The Case is Resolved
Protections apply after a final resolution, such as acquittal, conviction, or dismissal with prejudice.
Exceptions to Double Jeopardy
1. Separate Sovereigns Doctrine
Federal and state courts can prosecute for the same conduct if it violates both federal and state laws.
Example: A person acquitted of a state murder charge may still face federal civil rights charges for the same act.
2. Mistrials
If a trial ends in a mistrial (e.g., hung jury or procedural errors), the government can retry the defendant.
3. Appeals by the Defendant
If the defendant successfully appeals a conviction, the government can retry the case unless the appellate court rules there was insufficient evidence for a conviction.
4. Civil vs. Criminal Cases
Double jeopardy does not apply between civil and criminal cases. A person acquitted in a criminal case can still face a civil lawsuit for the same act.
Example: O.J. Simpson was acquitted of murder in criminal court but found liable in a civil wrongful death lawsuit.
5. Lesser Included Offenses
If a defendant is acquitted or convicted of a greater offense, they cannot later be tried for a lesser included offense stemming from the same conduct.
Example: Acquittal for first-degree murder bars prosecution for manslaughter based on the same act.
6. Continuing Conduct
Double jeopardy does not protect against prosecution for new or ongoing criminal acts that occur after the initial trial.
Relevant Case Law
1. Blockburger v. United States (1932)
Established the "same elements test" to determine whether two offenses are the same for double jeopardy purposes. If each offense requires proof of a fact the other does not, they are considered separate offenses.
2. Heath v. Alabama (1985)
Affirmed the separate sovereigns doctrine, allowing separate prosecutions by state and federal courts.
3. United States v. Dixon (1993)
Clarified that the same elements test determines whether successive prosecutions violate double jeopardy.
Practical Considerations
Strategic Charging by Prosecutors: Prosecutors may charge crimes strategically to avoid double jeopardy issues, focusing on charges they believe will secure a conviction.
Collateral Consequences: While double jeopardy prevents retrial, it does not shield defendants from collateral consequences like parole violations or deportation proceedings.
International Perspective
Many countries recognize double jeopardy protections but differ in scope and application. Some, like Canada and the UK, allow retrials in exceptional circumstances, such as the emergence of new evidence.
Conclusion
Double jeopardy ensures fairness in the legal system by preventing repeated prosecutions and punishments for the same offense. However, its application involves nuances, particularly concerning separate sovereigns, mistrials, and appeals. Understanding these complexities is essential for both defendants and legal practitioners.