What Is Double Jeopardy?

Question

Accepted Answer

The Double Jeopardy Clause of the Fifth Amendment states that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb." This protects against three things: a second prosecution after acquittal, a second prosecution after conviction, and multiple punishments for the same offense.

When jeopardy attaches:

In jury trials: when the jury is empaneled and sworn.

In bench trials: when the first witness is sworn.

In guilty pleas: when the court accepts the plea.

What double jeopardy prevents:

The government cannot retry you after a not-guilty verdict, even if new evidence emerges.

The government cannot retry you after a conviction for the same crime.

The government cannot impose additional punishment after sentencing for the same offense.

What double jeopardy does NOT prevent:

Separate sovereigns doctrine — Federal and state governments are separate sovereigns. You can be tried in federal court and state court for the same conduct without violating double jeopardy.

Mistrials — If a mistrial is declared (often due to a hung jury), retrial is typically permitted.

Appeals — If you appeal your conviction and it is reversed, the government can retry you.

Civil proceedings — A criminal acquittal does not prevent a civil lawsuit based on the same conduct (as in the O.J. Simpson case).

Different offenses — The same conduct may constitute multiple distinct crimes, each of which can be prosecuted.

This is legal information, not legal advice.