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double jeopardy |
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double jeopardy: see jeopardy jeopardy, in law, condition of a person charged with a crime and thus in danger of punishment. At common law a defendant could be exposed to jeopardy for the same offense only once; exposing a person twice is known as
double jeopardy. ..... Click the link for more information. . double jeopardyIn law, the prosecution of a person for an offense for which he or she already has been prosecuted. In U.S. law, double jeopardy is prohibited by the 5th Amendment to the Constitution of the United States, which states that no person shall “be subject for the same offense to be twice put in jeopardy of life and limb.” The clause bars second prosecutions after acquittal or conviction and prohibits multiple convictions for the same offense. Thus a person cannot be guilty of both murder and manslaughter for the same homicide, nor can a person be retried for the same crime after the case has been resolved. A person can, however, be convicted of both murder and robbery if the murder arose from the robbery. The prohibition against double jeopardy is not violated when an individual is charged for behaviour stemming from an offense for which he has been charged in a different jurisdiction or in a different court (e.g., a civil court as opposed to a criminal court). See also rights of the accused; due process. Want to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit the webmaster's page for free fun content. |
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