Double Jeopardy Criminal Justice Act
The Fifth Amendment of the United States Constitution specifically protects citizens against double jeopardy, or being tried for the same criminal offense more than once. There are three specific prosecution abuses that are forbidden under the double jeopardy clause.
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Definition
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The Fifth Amendment specifically states that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." This statement protects U.S. citizens from facing multiple conviction attempts for a single crime, whether they are found guilty or innocent.
Prosecution after Acquittal
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A person cannot be prosecuted for the same crime after being found innocent in a court of law. Even if a prosecutor later finds additional evidence, after a person has already been tried for the offense, the same charges cannot be tried again.
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Prosecution after Conviction
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If a person is tried and convicted of an offense, he cannot be convicted of the same crime multiple times. One offense can be brought to trial only once, except in cases where a mistrial is declared by the judge. If there is a mistrial, the prosecution can pursue the charges again and the court proceedings start anew.
Multiple Punishments for Same Offense
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One convicted offense cannot garner multiple punishments. The exception to this is when there are multiple findings and convictions of the same offense, they can be punished separately.
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References
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