Double jeopardy

Practicallaw

Etymology

“Jeopardy” comes from Old French “jeu parti,” “a divided game” — an even chance, and by extension danger or risk. The protection against being twice put “in jeopardy of life or limb” is enshrined in the Fifth Amendment to the U.S. Constitution, drawing on older common-law roots.

  1. noun phrase · /DUB-ul JEP-er-dee/

    The legal principle that a person cannot be tried twice for the same offense after an acquittal or conviction.

    What it names

    The shield against the state trying again and again until it finally wins a conviction.

    Example

    Once he was acquitted, double jeopardy barred prosecutors from charging him again even when new evidence surfaced.

    Related idea

    Double jeopardy blocks a second criminal trial for the same act; it does not prevent a separate civil suit over that act, since that seeks damages rather than punishment.

See also

AcquittalPresumptionReasonable doubt