Double Jeopardy Clause
U.S. constitutional law preventing repeated punishment for the same crime / From Wikipedia, the free encyclopedia
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The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..."[1] The four essential protections included are prohibitions against, for the same offense:
- retrial after an acquittal;
- retrial after a conviction;
- retrial after certain mistrials; and
- multiple punishment
Jeopardy attaches in jury trial when the jury is empaneled and sworn in, in a bench trial when the court begins to hear evidence after the first witness is sworn in, or when a court accepts a defendant's plea unconditionally.[2] Jeopardy does not attach in a retrial of a conviction that was reversed on appeal on procedural grounds (as opposed to evidentiary insufficiency grounds), in a retrial for which "manifest necessity" has been shown following a mistrial, and in the seating of another grand jury if the prior one refuses to return an indictment.