Amendment 5 · Ratified December 15, 1791
This guide provides an overview of the Double Jeopardy Clause of the 5th Amendment, detailing its history, key tests, and landmark cases.
Source: U.S. Const. amend. 5
No person shall be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The Double Jeopardy Clause in the 5th Amendment prohibits a person from being tried twice for the same crime. This ensures legal certainty and fairness in the justice system.
The origins of the Double Jeopardy Clause can be traced back to English common law, where it was a fundamental protection against governmental oppression. Its inclusion in the Bill of Rights reflects a commitment to individual liberties and the rule of law.
Determines whether the charges in the second prosecution are for the 'same offense' as the first.
Holding: The Supreme Court held that two offenses are considered the same for double jeopardy purposes unless each offense requires proof of a fact that the other does not.
Significance: This case established the Blockburger test, which is used to analyze whether two charges constitute the same offense.
Holding: The Court ruled that a defendant could not be tried for conspiracy to commit a crime after being acquitted of the crime itself.
Significance: This case reaffirmed the principle that double jeopardy protects against multiple trials for the same offense.