{"id":352355,"date":"2023-08-25T15:37:13","date_gmt":"2023-08-25T20:37:13","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-rights\/double-jeopardy.html"},"modified":"2023-08-25T15:37:13","modified_gmt":"2023-08-25T20:37:13","slug":"double-jeopardy","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/double-jeopardy.html","title":{"rendered":"Double Jeopardy"},"content":{"rendered":"\n
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Double Jeopardy<\/h1>\n\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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The protection against double jeopardy keeps defendants from facing criminal prosecution more than once for the same offense. Once jeopardy attaches and a criminal case begins, this protection can prevent lives from being consumed by legal proceedings. It can also save governments time and money.<\/p>\n\n <\/div>\n\n\n\n

We have all heard the phrase “double jeopardy” on TV or in movies, but what does it mean, legally? In criminal law cases, double jeopardy is not a make-or-break moment in a game show.<\/p>\n\n\n\n

Below you will find more information on the double jeopardy rule and its application in criminal law. For specific legal advice, contact a criminal defense attorney<\/a>.<\/p>\n\n\n\n

Double Jeopardy Basics<\/h2>\n\n\n\n

The Fifth Amendment to the United States Constitution contains the double jeopardy clause<\/a>. It states that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.”<\/p>\n\n\n\n

Most state constitutions similarly protect individuals from retrial for the same crime. For criminal defendants, this is a crucial constitutional right<\/a>. It generally applies regardless of the severity of the alleged offense.<\/p>\n\n\n\n

Scope of Double Jeopardy Protection<\/h2>\n\n\n\n

The text of the Fifth Amendment<\/a> refers to being placed twice in jeopardy of \u201clife or limb.\u201d The law is not applied so literally. The U.S. Supreme Court says the principle protects against a retrial for all kinds of felonies, misdemeanors, and juvenile delinquency adjudications. The potential punishment does not matter<\/a>.<\/p>\n\n\n\n

Why Is Double Jeopardy Important?<\/h2>\n\n\n\n

There are several reasons behind<\/a> the rule against double jeopardy. The principle does the following for the legal system:<\/p>\n\n\n\n