Criminal Law
Double Jeopardy
Definition
The Double Jeopardy Clause of the Fifth Amendment protects individuals from being tried or punished twice for the same offense after acquittal, after conviction, or against multiple punishments for the same offense. Jeopardy 'attaches' in a jury trial when the jury is sworn and in a bench trial when the first witness is sworn. The dual sovereignty doctrine allows separate state and federal prosecutions for the same conduct because they are different sovereigns. Double jeopardy does not apply to civil proceedings.
Example
A defendant is acquitted of murder by a state jury. The same state cannot retry the defendant for murder, but the federal government could prosecute for a related federal offense.