Double Jeopardy

Also known as: Fifth Amendment Protection

In one sentence

Being prosecuted or punished twice for the same crime, which the Fifth Amendment forbids.

Plain English

Double jeopardy is a constitutional protection that prevents the government from trying you twice for the same crime or punishing you twice for one offense. Once you've been acquitted (found not guilty) or convicted and punished, the government cannot retry you or impose additional punishment for that same conduct. This protects people from harassment and ensures finality in criminal cases.

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Example

A defendant was acquitted of murder after trial. The prosecution cannot retry them for that same murder, even if new evidence emerges, because doing so would violate double jeopardy protections.

Used in a sentence

“The defendant's appeal argued that retrying him for the same robbery charge violated double jeopardy.”

Related terms

Conviction

A formal declaration that someone is guilty of a crime after trial or plea.

appeal as of right

An appeal that a defendant can file automatically without needing special permission from the court.

Beyond a Reasonable Doubt

The highest standard of proof required to convict a defendant in a criminal trial.

Sentencing

The judge's decision on punishment after a defendant is found guilty.

Bench Trial

A trial where a judge, not a jury, decides guilt or innocence.

Stand Your Ground

A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.

Castle Doctrine

A law stating that a person's home is their castle and they can use force to defend it without duty to retreat.

Expungement

A legal process that erases or seals a criminal conviction from your record.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.