Double Jeopardy

Double jeopardy is the Fifth Amendment protection against being prosecuted or punished more than once for the same offense by the same sovereign, subject to the doctrine’s legal rules and exceptions. It helps prevent repeated prosecutions after acquittal or conviction.

Example: In Benton v. Maryland (1969), the Supreme Court applied the Double Jeopardy Clause to the states through the Fourteenth Amendment.

Common misconception: Double jeopardy bars every new prosecution involving the same events. The analysis depends on whether the cases involve the same offense and sovereign, and on the procedural circumstances.

Sources: https://constitution.congress.gov/browse/amendment-5/; https://www.govinfo.gov/content/pkg/USREPORTS-395/pdf/USREPORTS-395-784.pdf