Double Jeopardy

"Double Jeopardy" protections in the U.S. Constitution keep criminal defendants from facing prosecution more than once for the same offense (with a few exceptions). Below you will find information on "Double Jeopardy" protections, eligibility, and more.

Double Jeopardy Protection Basics

• The Concept of Double Jeopardy: Background - Explains the basics of what Double Jeopardy is and how it works.
• Reasons for Double Jeopardy Protection - There are five main reasons for preventing the government from engaging in multiple prosecutions.

State-Specific Information on Double Jeopardy

• Samples of State Court Decisions on Double Jeopardy - States can provide more protection than the U.S. Constitution, but not less. Here are some examples of how states handle double jeopardy.

Eligibility for Double Jeopardy Protection

• When Jeopardy Protection Applies: Only in Certain Proceedings - The restriction against multiple prosecutions only affects certain types of proceedings.
• When Jeopardy Protections Take Hold - Discusses at what point in a proceeding that protections take effect.
• When Jeopardy Protection Ends: Acquittals, Dismissals, and More - Determining when jeopardy ends impacts whether the government can bring further proceedings in a case.
• What Constitutes the Same Offense? - Protection only defends individuals against prosecution for the same offense.