Questions tagged [double-jeopardy]

The tag has no usage guidance.

Filter by
Sorted by
Tagged with
34 votes
4 answers
9k views

Could double jeopardy protect a murderer who bribed the judge and jury to be declared not guilty?

Assume the following hypothetical case: a well-known multi-billionaire is holding an event with lots of invitees, (so there is no doubt about his identity), then in front of many witnesses and live ...
  • 846
30 votes
4 answers
5k views

Can a prosecutor hold back charges so they can try again?

Assume I was alleged to have been involved in a bank robbery gone wrong - guns were fired, people were killed and injured, some robbers were arrested at the scene, some escaped etc. Obviously, there ...
  • 166k
21 votes
3 answers
10k views

Could Derek Chauvin be retried?

Given Maxine Water's "abhorrent" conduct in Minneapolis (the judge's word, not mine) and the subsequent guilty verdict against Derek Chauvin, appeal(s) seem a virtual certainty. If a ...
  • 1,775
20 votes
4 answers
14k views

If I've been prosecuted for a crime by another country can the US prosecute me for the same crime afterwards?

Lets say that I commit a crime in which the USA and another country both have jurisdiction. As an example I, a US citizen, kill Bob, a citizen of country X, while we're located in Antartica. ...
  • 6,019
12 votes
1 answer
1k views

Are charges subject to Double jeopardy if they have been pleaded out of?

Person C was charged with crimes A and B. Person C pled guilty to crime A, as part of a plea bargain with prosecution, in exchange for dropping charges on crime B. Executive branch (state or federal, ...
  • 1,185
11 votes
3 answers
10k views

Can "Double Jeopardy" be a loophole for murder?

Hypothetical facts: A is tried and acquitted for the murder of B. B was only presumed dead but was actually alive. After being acquitted for Bs murder, A actually murders B. A is later arrested and ...
11 votes
2 answers
3k views

Can someone get protection under Double Jeopardy for a crime by arranging to be put on trial with fake evidence that is then disproven?

Lets say I just killed Bob (I'm doing a lot of that today). The police suspect me but currently have little evidence that I killed Bob. However, I haven't hidden the murder weapon and body well and ...
  • 6,019
10 votes
4 answers
2k views

What prevents someone from claiming to be the murderer in order to get the real murderer off?

Say someone is on trial for a murder they committed. During the trial, one of the witnesses, a friend of the defendant, admits that it was actually they who were the killer. It seems that this would ...
9 votes
1 answer
2k views

Does Double Jeopardy prohibit prosecution, for the same event, in both Federal and State court?

The common understanding of the 5th Amendment's prohibition on being tried twice for the same offense is that no trial can be held which would put a person in a risk of loss of liberty if they have ...
  • 2,470
9 votes
1 answer
3k views

Can an impeachment charge be dismissed on the grounds of double jeopardy?

Two impeachment articles were drafted by the House and then sent to the Senate Abuse of Power Obstruction of Congress. Now say the senate looks at the original articles and underlying evidence and ...
8 votes
1 answer
3k views

If a person is tried for fraud for practicing law without a degree, and the verdict is not guilty, would double jeopardy prevent future fraud charges?

[SPOILERS for Suits] In season five of the TV series Suits, Mike Ross, who has practised law for a few years without a degree and passing the Bar himself, is tried for fraud. The jury's verdict is ...
  • 825
7 votes
3 answers
512 views

Pseudo-double jeopardy in the US?

Long story short: If you plead guilty to a charge from some specific state (say Alaska) and accept a plea bargain in exchange, can the federal government then come in and charge you separately for ...
  • 73
6 votes
4 answers
3k views

Has double jeopardy ever been used as an escape to any crime?

There are other questions on Law.SE asking about specific hypotheticals related to the double jeopardy rule, but are there any concrete, actual recorded cases of anyone, in all of history, in any ...
5 votes
3 answers
735 views

Why does double jeopardy apply even when the acquittal was due to insufficiency of evidence?

In the United States, the Double Jeopardy Clause of the U.S. constitution has been held to prohibit retrying a person for a crime they were previously acquitted of, even if the acquittal was merely ...
  • 759
5 votes
3 answers
8k views

Is the interpretation of Double Jeopardy realistic in the movie Fracture?

Related question Based on a discussion in this comment thread. In the movie Fracture, a man shoots his wife. She ends up in a coma. Meanwhile, the man gets charged with attempted murder. Due to a ...
  • 183
5 votes
3 answers
421 views

Does double jeopardy apply to the Texas abortion bill?

Suppose Alice performs an abortion, and Bob files a suit based on Texas SB8. Can Charlie also file a suit against her? Could a million people file suits asking for $10k each?
4 votes
2 answers
845 views

Double indictment for the same act

Say a murder is committed. The DA indicts someone, who is tried, and found not guilty by a jury of his peers. Is it possible that after some more police investigations, the DA can then indict a second ...
4 votes
2 answers
2k views

How could a mistrial trigger double jeopardy in the O.J. Simpson murder trial?

The People v. O.J. Simpson is a series telling how this famous trial went. In the 9th episode, after Judge Lance Ito states that another judge should determine if the case can remain before this court ...
  • 43
4 votes
2 answers
574 views

What is the maximum number of times someone could be tried for a single crime in the USA?

So I know that, despite double jeopardy, it's possible to be tried twice for the same crime, by the state and the federal government. Purely as an act of curiosity I'm wondering how many times one ...
  • 6,019
4 votes
2 answers
285 views

Will a Rittenhouse conviction on lesser charges prevent any future retrial on higher charges?

Suppose that the jury unanimously agrees on guilt in "second-degree recklessly endangering safety" but is hung 50/50 on pushing to a higher "intentional homicide" charge. Can the ...
  • 889
4 votes
1 answer
116 views

When does Jeopardy attach in a US Criminal trial?

In light of this comment and several responses to in the Q&A Is "My Cousin Vinny" dismissal actually possible? when exactly does jeopardy "attach" in a US criminal trial? That ...
4 votes
1 answer
178 views

Does double jeopardy prevent someone being tried twice for the same offence in both England and Scotland?

Let us say someone (D) commits an offence under an Act of Parliament applicable to both England & Wales and Scotland, and the circumstances mean that both England & Wales and Scotland have ...
3 votes
4 answers
692 views

Why isn't double jeopardy overruled by new conclusive evidence?

I came across a murder case where the person was acquitted and evidence came out after the trial that she was guilty but she wasn't retried because of double jeopardy. The justice system is supposed ...
  • 141
3 votes
2 answers
266 views

Does Double Jeopardy apply to civil cases?

Once upon a time I was issued TWO citations for the same instance of illegally parking my car. One citation came from the property owner (it was a private pay-to-park lot), and the other came from the ...
3 votes
2 answers
262 views

Double jeopardy

Now that it has been reported that all charges against jussie Smollett will be dropped, does the federal government have the right to charge him on their own? Also, if it is found that there was ...
  • 141
3 votes
1 answer
157 views

How do murder charges work? [duplicate]

In the recent trial of former officer Derek Chauvin, today he was found guilty on all charges. Those charges include: Murder in the Second Degree (Murder 2) Murder in the Third Degree (Murder 3) ...
  • 223
3 votes
1 answer
113 views

Dual sovereignty: Which sentence takes precedence?

If one is tried for the same offense in both state and federal court, and is convicted in both cases, then which sentence is enacted first? For example, Dylann Roof got multiple life sentences at the ...
3 votes
1 answer
86 views

What is the opposite of "lesser included offence"?

If someone is charged with murder, but acquitted at trial, they can't be later charged with manslaughter, because it's a lesser included offense. The opposite isn't true, though. If someone is accused ...
  • 1,167
2 votes
2 answers
195 views

Is the following a form of "jury nullification" and if so can it be overturned legally?

Regarding the O.J. Simpson trial, an (African American) commentator said something like, "O.J. was guilty of murder, but it also appeared that he was being framed (by e.g. Mark Fuhrman), and ...
  • 6,268
2 votes
1 answer
438 views

Could I create doubt of a crime by having multuple people suggest, but not actually claim, that they were the murderer?

Let's say hypothetically I'm a member of some gang and just killed a member of a rival gang. I've been accused of murder and taken to trail. My fellow gang members want to help me get off, but not ...
  • 6,019
2 votes
2 answers
288 views

Does double jeopardy protect a suspect from the consequences of admitting guilt after being declared not guilty?

I heard an anecdote of a suspect having just been declared "not guilty" due to insufficient evidence, then he said "thanks, I won't do it again". It was used as an example of how ...
  • 846
2 votes
1 answer
298 views

Why don't Habitual Offender Laws violate rule against double jeopardy?

Some countries have rules against double jeopardy, yet the same countries also may have rules stipulating more severe punishment to habitual offenders (or practice less severe punishment if the ...
  • 121
2 votes
0 answers
62 views

In the US has anyone ever been prosecuted on the state/federal level after being pardoned on the other level?

As I understand it, assuming that an individual's actions violated both state and federal laws, there is nothing legally preventing a state for prosecuting an individual for the crime after the ...
  • 6,019
1 vote
1 answer
123 views

Double Jeopardy in Texas v. Young?

According to this Texas Tribune article, in Texas v. Young, Clinton Young was found guilty of murder and sentenced to death. Fifteen years later, a Texas court of appeals has thrown out his ...
  • 3,490
1 vote
2 answers
474 views

When is a trial considered to have happened vis-a-vis double jeopardy?

When is a trial considered to have happened vis-a-vis double jeopardy? In other words, at one point is a person considered to be tried for an offense and cannot be tried again? At the arraignment or ...
  • 6,259
1 vote
1 answer
81 views

Double jeopardy and similar crimes [duplicate]

Suppose person A murders person B and is charged and tried for premeditated murder. If the jury finds them innocent of that charge, can the prosecutor then try them for, say, voluntary manslaughter? ...
1 vote
1 answer
109 views

Historical examples of retrial for longer prison sentences? [closed]

I've asked this question on the History SE, which resulted in some members commenting it might be better suited on the Law SE. Today I've read in 'Journey into the Whirlwind' by Eugenia Ginzburg, ...
  • 119
1 vote
1 answer
167 views

Can Canadian judges set aside a jury's verdict of acquittal?

Not long ago I learned that the Crown can appeal from verdicts of acquittal in Canada, unlike prosecutors in the U.S. I once thought that the reason why U.S. judges cannot set aside a jury's verdict ...
0 votes
2 answers
151 views

If a pardon is specifically referencing a crime a person has been convicted of, can an individual sue him for a different crime?

Pardons, except for amnesties, are typically given after a person has been convicted of a crime, and they specifically reference that crime. In this respect, President Trump’s pardons of Scooter Libby,...
  • 4,966
0 votes
3 answers
254 views

Double Jeopardy with grooming

I was reading an article about a paedophile in Scotland that abused teenagers in the UK but also the USA through the internet. Here is a link to the news story Independent article Given that some of ...
user avatar
0 votes
2 answers
112 views

Can an improper prosecution defeat the double jeopardy rule?

If a case is brought under let's say murder and it is deemed the incorrect law to have charged the defendant with. Let's say due to an incompetent DA if the defendant is found not guilty because of ...
  • 3,188
0 votes
2 answers
87 views

Under the US Constitution, can the state decide after a conviction to to convict you of a higher offense later on?

Suppose I am tried and convicted on a charge of manslaughter. But I actually murdered the person. Can the government come back and charge me with murder?
  • 2,544
0 votes
1 answer
227 views

Does the U.S. Fifth Amendment prevent one from being tried again for the same crime?

I have a question about the Fifth Amendment. Imagine I committed a crime but I was acquitted at trial. After some time, some new evidence came up showing that I did do it. Does the Fifth Amendment say ...
  • 21
0 votes
2 answers
76 views

Can double jeopardy be circumvented by something other than the separate sovereigns doctrine?

It has been answered here that using the separate sovereigns doctrine, the same person can be convicted (or at least tried) twice for the same offense or crime, in the United States. Is there another ...
0 votes
1 answer
322 views

Does double jeopardy apply for different charges of the same case? [duplicate]

Lets say there is a serial killer who sexually assaults their victims before killing them. For the sake of argument, lets say prosecutors fail to successfully charge them with murder the first time ...
  • 511
-3 votes
2 answers
197 views

An enigma regarding double jeopardy laws [duplicate]

I am currently debating this with my friend. So in a hypothetical situation, Person A was falsely accused of a horrible crime, like say, rape or murder. However, Person A was found guilty anyway ...