Double Jeopardy

Double jeopardy is where a person cannot be tried twice for the same crime. The double jeopardy rule is forced upon the states through the Due Process Law.

Fifth Amendment, United States Constitution:
The Fifth Amendment´s double jeopardy, privilege against self-incrimination, and just compensation for private land taken for public purpose rights, are applicable to states.

Under the Due Process Clause the Fifth Amendment´s constitutional rule which defends a person from being issued to "double jeopardy" is binding upon all states. The double jeopardy rule pertains to criminal cases. When a person is prosecuted once by the state they are not able to be prosecuted again if found not guilty. It is very rare for a person to be tried and found not guilty and then tried for a second time for charges with the same facts.

Jeopardy Attaches:
Freedom from double jeopardy begins when jeopardy attaches, which happens in the jury trial when the jury is sworn. Jeopardy attaches in a judge trial as soon as the first witness is sworn in. Jeopardy attaches when the court allows the defendant´s plea if the defendant pleas to the crime charged or to a smaller crime.

Same Offense:
The only way the rule of double jeopardy will apply is that the succeeding trial has to be based on the precise facts as the earlier trial. The trials must also be for the same event of the crime. If there were multiple occurrences of the same crime then each occurrence can be tried individually without double jeopardy as long as the defendant was tried on a material fact of the crime and set free of that material fact. Then most likely any succeeding trial is banned from prosecuting that material fact.

Two or More Prosecutions:
The Fifth Amendment does not defend against a person from being tried by two or more different governments. Federal and state governments are able to accuse and prosecute one individual for the same criminal act, such as with drug related crimes. Two or more states are able to prosecute and try an individual for the same criminal act.

Local government and state governments are combined, meaning double jeopardy would pertain to a situation where an individual was prosecuted, tried, and acquitted by a local government. The state government would not be able to prosecute and try the same person for the same crime under the double jeopardy rule.