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The principle of double jeopardy prevents multiple prosecutions for the same crime in U.S. law. It attaches under certain conditions and has exceptions, such as the separate sovereigns doctrine. Landmark cases like Fong Foo v. United States and Gamble v. United States have shaped its interpretation, highlighting its complexity and significance in protecting citizens' rights.
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The legal doctrine that prevents individuals from being prosecuted more than once for the same offense
Jury Trial
Double jeopardy attaches when the jury is empaneled and sworn
Bench Trial
Double jeopardy attaches when the first witness is sworn in
Mistrials, prosecutorial misconduct, and lack of preparation may allow for retrial
The Fourteenth Amendment has incorporated the Double Jeopardy Clause to apply to the states
States have the authority to enact their own double jeopardy statutes, leading to variations in application
Double jeopardy may not prevent civil or administrative actions following a criminal trial
Both state and federal prosecutions may occur for the same conduct if it violates the laws of each sovereign
If a conviction on a lesser included offense is overturned on appeal, the defendant cannot be retried for a greater offense based on the same facts
Double jeopardy does not prevent civil or administrative actions following a criminal trial
The Supreme Court's decision in this case established that an acquittal cannot be overturned, even if it results from a judge's error
This case illustrates an exception where new DNA evidence warranted a retrial, leading to a conviction and reflecting the dynamic interplay between evolving legal standards and technological advancements