Book contents
- American Criminal Justice
- American Criminal Justice
- Copyright page
- Dedication
- Contents
- Acknowledgments
- 1 Introduction
- 2 The Federal Structure; Sources of the Law
- 3 Investigation and Evidence-Gathering—The Participants
- 4 Investigation and Evidence-Gathering—Procedures
- 5 Arrest and Pretrial Detention
- 6 The Decision to Prosecute, or Not
- 7 Joinder of Charges and Defendants
- 8 Venue
- 9 Assistance of Counsel
- 10 Trial Rights and Preparation for Trial
- 11 Alternative Outcomes
- 12 Double Jeopardy
- 13 The Trial
- 14 Sentencing
- 15 Appeals
- 16 Corporate Criminal Responsibility
- 17 Internal Corporate Investigations
- 18 Professional Responsibility
- 19 Conclusion
- Bibliography
- Index
12 - Double Jeopardy
Published online by Cambridge University Press: 08 June 2019
- American Criminal Justice
- American Criminal Justice
- Copyright page
- Dedication
- Contents
- Acknowledgments
- 1 Introduction
- 2 The Federal Structure; Sources of the Law
- 3 Investigation and Evidence-Gathering—The Participants
- 4 Investigation and Evidence-Gathering—Procedures
- 5 Arrest and Pretrial Detention
- 6 The Decision to Prosecute, or Not
- 7 Joinder of Charges and Defendants
- 8 Venue
- 9 Assistance of Counsel
- 10 Trial Rights and Preparation for Trial
- 11 Alternative Outcomes
- 12 Double Jeopardy
- 13 The Trial
- 14 Sentencing
- 15 Appeals
- 16 Corporate Criminal Responsibility
- 17 Internal Corporate Investigations
- 18 Professional Responsibility
- 19 Conclusion
- Bibliography
- Index
Summary
Double jeopardy is the principle—known in Europe as ne bis in idem—that a person (including a corporation) should not be prosecuted twice for the same crime. In the United States, the principle is enshrined in the Fifth Amendment to the Constitution, which provides that “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb.”
Notwithstanding its constitutional basis, the principle is subject to two interpretations in the United States that limit its effect.
First, the principle has long been subject to the “single sovereign” rule, and offers no protection if two different sovereigns engage in parallel or successive prosecutions. Thus under the current state of the law, if a person is convicted or acquitted in one state, that outcome does not bar further prosecution in another state, or by the federal government (and vice versa).
- Type
- Chapter
- Information
- American Criminal JusticeAn Introduction, pp. 78 - 79Publisher: Cambridge University PressPrint publication year: 2019