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Why is protection against “double jeopardy” important?

On Behalf of | Aug 25, 2021 | Federal Appeals

While the phrase “double jeopardy” does not expressly appear in the Fifth Amendment to the U.S. Constitution, it’s a well-known — and critically important — part of the criminal legal system in the United States.

Basically, double jeopardy means that you cannot face trial for the same criminal offense more than once (although there are exceptions to that rule).

Here is how the double jeopardy clause benefits you:

Protection from unending prosecutions

A criminal prosecution can be draining both emotionally and financially. The clause protects individuals from “being subjected to the hazards of trial and conviction multiple times.”

Double jeopardy protects you from going through multiple prosecutions that can be damaging to your well-being (financially, emotionally, employment-wise and more). It also reins in potential abuses of power by the prosecution.

Protection from renewed prosecution after an acquittal

While the defendant has the right to appeal a conviction, the prosecution, according to the Constitution, should only have one opportunity to find you guilty. The idea that the prosecution has just one opportunity to take a case to trial is purposeful: It ensures better decision-making with respect to when charges are filed.

Eliminating multiple punishments for the same crime

An accused person cannot be punished multiple times for the same offense. While someone may face punishment for multiple related crimes, they cannot be punished more than once for any given offense.

Although the rules about all this seem clear, double jeopardy can be an issue for an appeal. Many things in the legal world aren’t as easy to parse as people think. Learning more about your rights can help you make informed decisions as you move forward with your case.