Law · Legal Information · Justice
 

Double Jeopardy

A prohibition against being tried or sentenced twice for the same offense.

To be in put in criminal law jeopardy twice as to the same offence.

The term refers to a defence available to a person autrefois acquit (previously acquitted) or previously convicted, to prohibit any subsequent attempt to re-try him/her for the same offence.

This is explicitly prohibited by most state’s constitutional laws such as the Fifth Amendment in the USA, and section 11(h) of the Canadian Charter of Rights and Freedoms.

In Ashe v Swenson, a 1970 US Supreme Court case, cited as 397 US 436 (available online at altlaw.org/v1/cases/400107.txt), Mr. Justice Stewart referred to the double jeopardy defence, that it "protects a man who has been acquitted from having to run the gauntlet a second time."

A significant distinction is made between criminal exposure (where the exercise is aimed at punishment) and civil liability including fines, where the aim is primarily compensation.

The equivalent to civil law’s concept of res judicata.

Latest LagMag headlines:

China Politburo - Take A $%##@!@@ Hike

A lone student stands-down a row of four communist tanks and still, 19 years later, lawyers and international law experts with far less courage, ... tremble and wait.

Banning the Use of Hand-Held Cell Phones While Driving

What is with banning hand-held cell phone use while driving that's so difficult for law-makers? Maybe this will help: The Emperor has no clothes! The Emperor has no clothes!

Birthday Legal Information Ramblings

It only takes two psychiatrists to lock someone away. Birthday or not, here's enough to find ten.


Read earlier headlines »
Subscribe to stay in touch »


Switch to variable width

Switch to fixed width

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top