What is Double Jeopardy?
Hi, I’m attorney Kevin Hayslett, and the question is: what is double jeopardy? Well, double jeopardy is a legal concept which is guaranteed to all of us through the United States Constitution in the Fifth Amendment. What it says is this: a person cannot be charged, prosecuted, or convicted for the same crime twice. What this means is that if a person is prosecuted for a crime and they are acquitted, acquitted meaning they are found not guilty, or they plead to it and jeopardy attaches, that person cannot be prosecuted twice for the same offense. This is the term of double jeopardy. Now remember people can be prosecuted criminally for a criminal charge, acquitted, yet also have civil charges brought against them. Remember the example of battery where a person can be charged with criminal battery, a battery is an offensive touching against the will of the victim, such as striking someone, and perhaps acquitted a criminal charge, yet they can also have a civil suit filed against them under the civil law of battery. Furthermore, they can have a judgment against them and they can be liable for damages against the victim. Double jeopardy only applies to criminal offenses, meaning if a criminal person is charged, than acquitted, they cannot be prosecuted twice for the same offense.
Kevin Hayslett, Esq.
J. Kevin Hayslettis an attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office. Kevin is an avid tennis player and is currently nationally rated in singles and doubles. You can follow Kevin onGoogle+, oron Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Sirius Satellite Radio show during the "Ask the Lawyer" segment, which can be heard the first Thursday of every month.