{"id":30912,"date":"2016-04-04T20:33:52","date_gmt":"2016-04-05T01:33:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/amendment5\/annotation03.html"},"modified":"2024-08-01T15:47:24","modified_gmt":"2024-08-01T20:47:24","slug":"annotation03","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment5\/annotation03.html","title":{"rendered":"When Does Double Jeopardy Apply?"},"content":{"rendered":"\n
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When Does Double Jeopardy Apply?<\/h1>\n\n
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\n By Linda Sanabria, J.D.<\/a> | Legally reviewed by Edward Maggio, Esq.<\/a>\n | Last reviewed\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Under the Fifth Amendment\u2019s protection against double jeopardy, you cannot be prosecuted for the same offense twice. However, when this protection applies depends on how far a case gets in the criminal justice system. <\/p>\n\n <\/div>\n\n\n\n

The Fifth Amendment<\/a>\u2019s protection against double jeopardy<\/a> primarily applies to criminal cases. It states you cannot be prosecuted twice for the same criminal charge. This applies to both the federal government and state courts. The application of protection varies depending on the stage reached by a case within the criminal justice system.<\/p>\n

What the Fifth Amendment Says:<\/b><\/h2>\n

The double jeopardy clause of the Fifth Amendment states:<\/p>\n

\u201c\u2026nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;\u201d<\/i><\/p>\n

Historical Background of Double Jeopardy<\/b><\/h2>\n

The principle of double jeopardy<\/a> found its way into English common law during the medieval period. The early English legal system protected people from repeated punishments for the same offense. This principle was enshrined in the Magna Carta<\/a> of 1215.<\/p>\n

Double jeopardy protections were brought to America by English colonists. It became a fundamental aspect of American jurisprudence. The English legal traditions that influenced the Founding Fathers made them cautious of potential government abuse. As a result, they incorporated protections against double jeopardy into the Bill of Rights.<\/p>\n

The Fifth Amendment <\/a>to the U.S. Constitution was ratified in 1791 as part of the Bill of Rights. It explicitly prohibits subjecting individuals to double jeopardy. The Founders intended to protect Americans from oppressive governmental actions. This would ensure fairness and justice in the legal system.<\/p>\n

Learn the basics of double jeopardy in this video, and then get the details of how courts have interpreted and applied the law below.<\/p>\n

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