You may have heard the term ‘Double Jeopardy” either in the news or while watching your favorite crime show. But do you know what the term means?
The Fifth Amendment of the Bill of Rights states, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”*
This means that the prosecutor cannot try a person twice for the same crime. It also means that you cannot be punished for the same crime twice. Sounds pretty simple, right? Not so fast, there are exceptions to this rule.
For instance, the double jeopardy protection only applies when a person is charged with a crime, and the penalties normally involve a loss of liberty. Jail time and probation are two examples of a loss of liberty. Criminal charges are brought against a person by a governmental entity. In a civil lawsuit, it is a plaintiff who brings the allegations, and there is no loss of liberty. If Joe punches Bill, the prosecutor can bring criminal charges, and Bill can sue Joe in civil court. Double jeopardy will not apply. Unfortunately, this would mean that you would need a criminal attorney, and a personal injury attorney for civil court.
Also, the prosecutor can bring criminal charges against a person for committing a similar crime in different locations. Joe breaks into Bill’s house and steals property. Joe then goes next door to Bill’s neighbor Fred, breaks into Fred’s house and steals property. Even though the crimes are similar and happened one after another, the court deems these as separate crimes, and double jeopardy does not apply.
Lastly, if Joe punches Bill in Connecticut, and then the next week they get into a fight in New York and Joe punches Bill again, Joe can be tried in both Connecticut and New York. Double jeopardy does not stop different jurisdictions from bringing criminal charges for the same crime committed in different jurisdictions. Also, if Joe commits a state crime and a federal crime, both the state and the federal governments can bring criminal charges.
These are not all the examples of double jeopardy. If you are charged with a crime, contact the Guendelsberger Law Offices, LLP, at 860-354-4444, and speak to an experienced attorney.