Double Jeopardy

Doc's CJ Glossary by Adam J. McKee

Double Jeopardy is the unconstitutional practice of prosecuting a person twice for the same offense within the same jurisdiction, which is prohibited by the Fifth Amendment.

Note that the idea of double jeopardy attaches to the jurisdiction. A person can be tried and found guilty, and then be legally prosecuted by another state or the federal government. Since double jeopardy only applies to criminal prosecutions, a person can be found guilty of a crime and then be found liable for a tort for the exact same act in civil court.

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Last Modified: 08/13/2021


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