Criminal Law · defense
Double jeopardy is a constitutional protection under the Fifth Amendment of the U.S. Constitution that prohibits an individual from being prosecuted again after acquittal, conviction, or certain mistrials. It ensures that once a defendant has faced trial and received a verdict, they cannot be subjected to a second prosecution for the same crime.
There must have been a previous prosecution of the defendant for the same offense.
What to prove: It must be established that the defendant was previously tried on the same charges in a competent jurisdiction.
The previous prosecution must have resulted in a final judgment—either acquittal or conviction.
What to prove: It must be shown that the earlier case concluded with a final verdict or judgment that precludes further prosecution.
The second prosecution must involve the same offense as the first.
What to prove: It must be demonstrated that the charges in the subsequent prosecution are the same in legal terms as those in the first trial.
The defendant bears the burden to establish the double jeopardy defense by a preponderance of the evidence.
In exams, pay attention to fact patterns that involve multiple prosecutions for the same incident, and apply the double jeopardy elements meticulously.