double jeopardy

     

Double jeopary is a procedural defense (and, in many countries such as the United States, Canada, Mexico and India, a constitutional right) that forbids that a defendant be tried twice for the same crime on the same set of facts. At common law a defendant may plead autrefois acquit or autrefois convict (a peremptory plea); meaning the defendant has been acquitted or convicted of the same offense. If this issue is raised, evidence will be placed before the court, which will normally rule as a preliminary matter whether the plea is substantiated, and if it so finds, the projected trial will be prevented from proceeding.

Trivia about double jeopardy

  • We love the name of this 1999 Ashley Judd thriller (no need to ask why)
  • The 5th amendment guards against both self-incrimination & this segment of our show
  • A second prosecution for the same offense, or this round
  • The Fifth Amendment protects against it
  • It's prohibited by the 5th Amendment, but you'll be facing it in the next round
  • In 1969 the Supreme Court ruled that the Fifth Amendment's ban on this practice is binding on states
  • We had to mention this movie in which Ashley Judd turns being framed for murder to her advantage

Found pages about double jeopardy