{"id":352386,"date":"2023-10-21T11:08:25","date_gmt":"2023-10-21T16:08:25","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-rights\/the-concept-of-double-jeopardy-background.html"},"modified":"2023-10-21T11:08:25","modified_gmt":"2023-10-21T16:08:25","slug":"the-concept-of-double-jeopardy-background","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/the-concept-of-double-jeopardy-background.html","title":{"rendered":"The Concept of Double Jeopardy: Background and History"},"content":{"rendered":"\n
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The Concept of Double Jeopardy: Background and History<\/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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Double jeopardy is a principle dating back to ancient Greece and Rome, where laws prevented trying someone twice for the same crime. In England, it was a common rule but only applied to serious crimes after a conviction or acquittal. American colonists expanded these protections, leading to its inclusion in the U.S. Constitution.<\/p>\n\n <\/div>\n\n\n\n

The double jeopardy clause in the U.S. Constitution’s Fifth Amendment states,<\/a> “No person shall . . . be subject for the same offence to be twice put in jeopardy of life or limb.” This fundamental right prevents the federal government from prosecuting individuals more than once for a single offense. It also prevents them from imposing multiple punishments for a single crime.<\/p>\n

Most state constitutions also guarantee this right to defendants appearing in state court.<\/a> Some states do not expressly guarantee this right in their laws. But the double jeopardy clause applies to state proceedings via the Fourteenth Amendment<\/a>. So, these states must still afford the protection to criminal defendants.<\/p>\n

Facing multiple prosecutions often warrants professional legal help. If you have been charged with one or more crimes, a local criminal law attorney<\/a> can help you navigate complicated legal processes and explore strategies for a strong defense.<\/p>\n

This article discusses the origins of double jeopardy and its history after the Revolutionary War. Learn more about the history of double jeopardy protections as well as judicial developments.<\/p>\n

Double Jeopardy and the Constitution<\/h2>\n

The U.S. Supreme Court ruled in a series of cases that the Due Process<\/a> and Equal Protection<\/a> Clauses of the Fourteenth Amendment guarantee to the citizens of every state the right to exercise certain fundamental liberties. These liberties include (but aren’t limited to) every freedom outlined in the Bill of Rights<\/a>, except for the following:<\/p>\n