Rhode Island criminal defense attorney

Double Jeopardy

Double jeopardy is a procedural defense that prohibits a defendant from being tried twice for the same crime. In the United States, double jeopardy originates in the Fifth Amendment to the Constitution, which declares “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.” It seeks to control governmental abuse of prosecution which could harass or oppress certain individuals if left unchecked. Double jeopardy is also in accordance with the common law idea of res judicata, which prohibits courts from reexamining issues that have already undergone a final judgment.

Three essential protections outlined by double jeopardy include being retried for the same crime after acquittal, retrial after conviction, and multiple punishments for the same crime. Exceptions to double jeopardy do exist, however. It only applies to charges that were subject to a final judgment. If a court case is dismissed due to insignificant evidence, or procedural problems halt the progress and mistrial occurs, a defendant’s charge may be reexamined in a new case. In addition, evidence or testimony from the previous, incomplete cases may be used in court. Double jeopardy is also not applicable for separate offenses or in separate jurisdictions for the same act. For example, if a defendant is charged with robbery at the state level, he or she is also able to be tried in a federal court for a different crime connected to the original act.

If you have been convicted of a criminal charge and are curious about your rights related to double jeopardy, contact the experienced Rhode Island criminal defense attorney James Powderly to discuss your legal options.