The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..."[1] The four essential protections included are prohibitions against, for the same offense:
- retrial after an acquittal;
- retrial after a conviction;
- retrial after certain mistrials; and
- multiple punishment
Jeopardy attaches in jury trial when the jury is empaneled and sworn in, in a bench trial when the court begins to hear evidence after the first witness is sworn in, or when a court accepts a defendant's plea unconditionally.[2] Jeopardy does not attach in a retrial of a conviction that was reversed on appeal on procedural grounds (as opposed to evidentiary insufficiency grounds), in a retrial for which "manifest necessity" has been shown following a mistrial, and in the seating of another grand jury if the prior one refuses to return an indictment
- ^ Harper, Timothy (October 2, 2007). The Complete Idiot's Guide to the U.S. Constitution. Penguin Group. p. 109. ISBN 978-1-59257-627-2.
However, the Fifth Amendment contains several other important provision s for protecting your rights. It is the source of the double jeopardy doctrine, which prevents authorities from trying a person twice for the same crime…
- ^ Serfass v. United States, 420 U.S. 377, 388 (1975).