{"id":352355,"date":"2023-08-25T15:37:13","date_gmt":"2023-08-25T20:37:13","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/criminal\/criminal-rights\/double-jeopardy.html"},"modified":"2026-07-10T09:00:46","modified_gmt":"2026-07-10T14:00:46","slug":"double-jeopardy","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/double-jeopardy.html","title":{"rendered":"What Is Double Jeopardy?"},"content":{"rendered":"\n
\n

What Is Double Jeopardy?<\/h1>\n\n
\n
\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

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
\n

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

\n
\n
\n

Key Takeaways<\/h2>\n

Double jeopardy is a constitutional protection under the Fifth Amendment<\/span> that prevents the government from prosecuting a criminal defendant more than once for the same offense. This means that once a jury acquits you or convicts you, prosecutors generally cannot retry you for that same crime. The protection applies in both state and federal courts<\/span> and helps ensure the government cannot use its superior resources to repeatedly pursue criminal charges against individuals.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The protection against double jeopardy prevents defendants from being criminally prosecuted more than once for the same offense. Many people have heard this phrase on TV or in movies, but in criminal cases, double jeopardy is an essential constitutional right that ensures the government cannot repeatedly file charges for the same act.<\/p>\n\n\n\n

In this article, you’ll learn about the double jeopardy principle and its application in criminal law. For specific legal advice, contact a criminal defense attorney.<\/a><\/p>\n\n\n\n

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

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

Technically, the Fifth Amendment protection against double jeopardy only applies to federal criminal cases. However, the Fourteenth Amendment’s due process clause<\/a> extends this protection to state courts. Most state constitutions similarly protect individuals from retrial for the same crime. Thus, you may assert a double jeopardy defense whether your criminal case is in state or federal court. It generally applies regardless of the severity of the alleged offense.<\/p>\n\n\n\n

Historical Background of Double Jeopardy<\/h2>\n\n\n\n

The concept of double jeopardy is one of the oldest protections in Western legal systems. Its exact origins are unclear. However, the principles existed long before the United States Constitution was drafted.<\/p>\n\n\n\n

English Common Law<\/h3>\n\n\n\n

In English common law, the protection against double jeopardy was a widely accepted rule that applied across different cultures and legal systems. But the English double jeopardy doctrine was narrow. It only afforded protection to defendants accused of capital felonies<\/a>. It also only applied after a conviction or acquittal. It did not apply to cases dismissed before final judgment. Moreover, it was not immune to abuse by the British Crown.<\/p>\n\n\n\n

Double Jeopardy in the United States<\/h3>\n\n\n\n

The American colonists were intimately familiar with the writings of the English jurists. Copies of Sir William Blackstone’s Commentaries on English law<\/a> were available in most colonies. Colonists cited his teachings to support their claims against the English Parliament.<\/p>\n\n\n\n

The colonists also knew how narrowly England defined the right against double jeopardy. The Framers of the Constitution debated double jeopardy during the Constitutional Convention after the Revolutionary War. There, James Madison sought to expand the scope of double jeopardy.<\/p>\n\n\n\n

Madison sought to make the right against double jeopardy applicable to all crimes, not just capital felonies<\/a>. The initial draft provided that “No person shall be subject \u2026 to more than one punishment or one trial for the same offense.” But several convention members objected to this wording. They argued that it could prevent defendants from seeking a second trial on appeal. Ultimately, the Framers modified the language of the Fifth Amendment to address this concern. However, the final version ratified by the states left other questions for judicial interpretation.<\/p>\n\n\n\n

What Does Double Jeopardy Protect Against?<\/h2>\n\n\n\n

Today, the prohibition against double jeopardy protects a criminal defendant<\/a> from the following:<\/p>\n\n\n\n