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A second prosecution for the same offense after acquittal or
conviction or multiple punishments for same offense. The evil sought to be
avoided by prohibiting double jeopardy is double trial and double conviction,
not necessarily double punishment.
The Fifth Amendment to the U.S. establishment provides,
"No person shall … be subject for the same offence [sic] to be
twice put in danger of life or limb." This provision, known as the Double threat
Clause, prohibits state and federal government from prosecuting individuals for
the same crime on more than one occasion, or imposing more than one punishment
for a single offense. Each of the 50 states offers parallel protection through
its own structure, statutes, and Common Law.
Five policy considerations
underpin the double jeopardy doctrine: (1) prevent the government from
employing its superior resources to wear down and erroneously convict innocent
persons; (2) protecting individuals from the financial, emotional, and social
consequences of successive prosecutions; (3) preserving the finality and
integrity of criminal proceedings, which would be compromise were the state
allowed to randomly ignore unacceptable outcomes; (4) restricting prosecutorial
discretion over the charging procedure; and (5) eliminate judicial carefulness
to inflict increasing punishments that the legislature has not authorized.
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double jeopardy meaning law
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