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Under the Fifth Amendment of the U.S. Constitution, double jeopardy is a legal clause, which prohibits state and federal government from prosecuting individuals for the same crime on more than one occasion, or imposing more than one punishment for a single offense. Each of the 50 states offers similar protection through its own constitution, statutes, and common laws. The Fifth Amendment suggests that the protection extends only to proceedings that threaten "life or limb." Nevertheless, the U.S. Supreme Court has established that the right is not limited to capital crimes or corporal punishment, but that it extends to all felonies, misdemeanors, and juvenile-delinquency adjudications, regardless of the applicable punishments. This article answers some of the frequently asked legal questions on the subject as it applies to criminal laws. Does re-filing a case violate the clause of double jeopardy?
No, re-filing a case does not automatically qualify. It could have qualified if you are planning to re-file case which was already dismissed on evidence that has entered instead of technical issues. According to the U.S. Supreme Court, double jeopardy comes into effect when a court hears evidence before a witness is sworn in or after a plea has been accepted by the court. My son was arrested for 2 counts of rape charges and 3 counts of possession of child porn under plea agreement in 2008. He was sentenced with a jail term on the count of possessing child porn and the rape charges were dismissed. Now, when he is about to be released, he got a warrant for first degree sexual assault. Isn’t this double jeopardy?
Your son can claim double jeopardy and a hearing will take place to determine how the court will proceed on this matter. The judge will have to abide to specific guidelines laid by the Supreme Court when hearing any evidence. The claim has to go through litigation to determine whether this matter falls under double jeopardy clause or not. I was convicted of having an affair with a female inmate when I was a corrections officer 10 year ago. Now after four years of serving probation term and paying fine amount under a plea agreement, the authorities are asking me to register under Megan’s Law for 10 years or to go to jail if I refuse. Is not it double jeopardy?
Your case is not likely to attract double jeopardy clause, as you were convicted of having an affair with the inmate and not for registering as a sex offender under Megan Law. Since, they are not pressing the same old charges against you for having an affair with your female inmate, you can can’t claim double jeopardy. Is it considered as double jeopardy, if the state of Minnesota is making me pay the child support which was earlier terminated in Massachusetts?
No, in this case you cannot claim double jeopardy as the clause only applies to criminal cases. The state of Minnesota will pursue you if you owe child support money to it. You should retain the services of a criminal lawyer to convince the court that the termination order in Massachusetts should end the case in Minnesota. I was given administrative punishment and was separated out by my command under article 15 for using marijuana. The article has no mention of separation and my right to speak to attorney was taken away. I want to sue the Army for this. Is not it double jeopardy?
This does not fall under double jeopardy clause. As far the administrative punishment under article 15 is concerned, it does not have to state about separation, so you cannot even sue the Army. Rather, you can seek the help of a criminal lawyer and point out how your right to speak to your attorney was taken away by filing a DD Form 293 to upgrade the charges. However, if the Army wasn't seeking a less than honorable discharge, you wouldn't be entitled to an attorney for the Article 15 and the administrative separation. Double jeopardy is an important legal clause which protects individuals from being tried and convicted for the same offense twice. However, what qualifies under the clause and what doesn't may not always be clear to everyone. So, it is always better to ask a criminal lawyer whenever you face any situation like this.
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