1. Understanding the Constitution
Chapter 10
Double Jeopardy

2. 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

3. 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?

4. 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.

5. 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.

6. 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.

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

8. 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.

9. 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.

10. 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.

11. 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.