BY:
Dr. Peter A. Barone, Esq.
When discussing Double Jeopardy in
a criminal case in the United States Criminal System one must immediately refer
to the Fifth Amendment of the U.S. Constitution where is provides that explanation
that no person shall “be subject for the same offence to be twice put in
jeopardy of life or limb” (Davis, 2008).
It is s relatively straightforward concept that is at
the heart of our legal system and the core of protecting the rights of the
citizens of this country. If prevents the government from prosecuting someone
more than once for the same crime. In practice, though the double jeopardy prohibition
can get somewhat knotty and become a bit of a quagmire.
The essence of Double Jeopardy “Jeopardy” in the legal
sense describes the risk brought by criminal prosecution against a defendant.
Keeping in mind the notions of fairness and finally it becomes clear that the
Framers of the United States Constitution included the Double Jeopardy Clause
to prevent the government from trying or punishing a defendant more than once
(Davis, 200). When examining the Double Jeopardy Clause of the Fifth Amendment it
specifically protects against the following government actions against a
defendant:
Ø A
prosecution for the same after an acquittal
Ø A
prosecution for the same offense after a conviction
Ø More
than one punishment for the same offense
A defendant a defendant facing any of these scenarios
listed above can hold up Double Jeopardy Clause as a shield. There are clear
instances when this shield is available, such as when a jury has acquitted a
defendant and the state brings the same charges a second time. If the
prosecution discovered new evidence of the defendant’s guilt after the initial
trial it is too late and the charges cannot be brought again for the previous
crimes.
Double Jeopardy applies to criminal cases only and not
civil or administrative proceedings. That means that a defendant convicted of a
crime isn’t immune from a civil lawsuit for damages (money) from the victim of
the crime. It also means that the Division of Motor Vehicles can suspend and
revoke a driver license for the same actions that lead to the criminal
conviction. So a person who was convicted for drunk driving can be punished
separately by the court and the DMV.
The government must place a defendant in jeopardy for
the Fifth Amendment clause to apply (Davis, 2008). The simple filing of
criminal charges doesn’t cause jeopardy to attach. The actual proceedings must
get to a further stage than just the filing of criminal charges. Generally, jeopardy
attaches when the court sears in the jury in a jury trial and in a bench trial jeopardy
attaches after the first witness takes the oath and begins to testify in the
proceeding. The attachment of jeopardy does not necessarily mean the government cannot re-prosecute the defendant because jeopardy must also terminate. This means the case must in some sense conclude. The classic example is a jury reaching a verdict of either guilty or not guilty. Jeopardy also terminates when a judge finds the evidence insufficient to convict the defendant and enters a judgment of acquittal rather than letting the case to the jury.
Law enforcement officials must understand that Double
Jeopardy is something that goes directly to their case. They need to be aware
and sensitive to the issues that are connected to the legal concept of Double
Jeopardy so they can work hand-in-hand with the prosecutor to assist in making
sure that Double Jeopardy does not occur in their case.
Reference Davis, S. (2008). Peltason’s Understanding the Constitution 17th ed. Belmont, CA: Wadsworth/Thompson Learning.
