Understanding the Constitution Chapter 10 Double Jeopardy

Chapter Objectives In this chapter you will learn . . . Why O.J. Simpson was tried twice for the same act Whether prosecutors get a second chance to correct their mistakes Whether new trials may be ordered to remedy court errors What constitutes “same offense” Underlying sentiment in the double jeopardy debate

The Fifth Amendment and Double Jeopardy “Nor shall any person be subject to the same offense to be twice put in jeopardy of life or limb.” Does that mean you cannot be put on trial twice for the same act?

The “Trial of the Century” O.J. Simpson was found not guilty of murder. 2 years later, he had to pay over $33 million in damages for the same act. Double jeopardy does not mean that a person cannot possibly stand trial for the same offense under any circumstances. There are some exceptions.

Civil Versus Criminal Trial Simpson’s first trial was a criminal trial. His second trial was a civil trial. Double jeopardy does not apply when a person is tried for a different offense, even if it is based on the same act.

Different Criminal Elements Within a Single Act Blockburger v. United States, 1932 Is each act a different offense, even is they are the same type of thing? A person can be convicted for separate elements of a crime that were committed within a single act. So double jeopardy bars prosecution for the same offense, not for the same conduct.

Conspiracy Conspiracy is not protected by double jeopardy. An offense and its conspiracy are two distinct offenses. United States v. Felix, 1992

State and Federal Levels Does double jeopardy extend to state laws? Benton v. Maryland, 1969 The Supreme Court held that double jeopardy does apply to state laws.

Multiple Crimes Within a Single Trial Missouri v. Hunter, 1983 Regardless of the cumulative sentencing based on more than one crime having been committed, the appellant was subjected to a single trial. Double jeopardy relates to number of trials, not conviction on another crime within the same trial.

No Second Chance for Court’s Mistake Prosecutors only get one chance to things right. The same standard applies to courts. Only defendants can appeal. Fong Foo v. United States, 1962 The Supreme Court upheld in Smith v. Massachusetts, 2005 that judge’s cannot reverse in the middle of a trial.

Defining Double Jeopardy Subjecting a person to an offense for which he or she has already been acquitted. Not quite the same as you cannot be placed on trial twice for the same act.