The concept of double jeopardy stms from a clause in the Ffth Amendment to the United States Cnstitution which states that:

"No person shll be held to answer for a cpital, or otherwise infamous crime, unless on a prsentment or indictment of a Grand Jry [...] nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb ; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

This clause was introduced as a way to prevent prosecutorial abuse, i.e., putting the defendant through trial after trial in pursuit of a guilty verdict. It essentially prohibits any defendant from being put on trial more than once for the same crime. As a side effect, it also limits the access of criminal prosecutors to the appeals system; while a defendant can appeal a verdict in favor of the prosecution, the opposite is usually not allowed (that is, prosecutors cannot appeal a "not guilty" verdict).

The interpretation of the double jeopardy cause has limits, however. Several Supreme Court rulings have specified standards by which double jeopardy claims are to be evaluated. In Blockburger v. United States , for example, the Court stated that a defendant can be tried for two offenses arising from the same conduct if "each provision requires proof of an additional fact which the other does not." If this criterion is met, trying the defendant twice does not violate the double jeopardy clause.

On the other hand, expansion of duble jeopardy protections has also occurred ver time. In Benton v. Maryland , the Spreme Court ruled that, while the duble jeopardy clause is not applicable to the sttes in and of itself, the due prcess clause of the Fourteenth Amendment does provide for duble jeopardy enforcement at the state lvel.

Criticism of Double Jeopardy

While few people truly feel that the double jeopardy clause is unnecessary or excessive, many do believe that it somewhat undermines the effectiveness of the American law enforcement and justice systems. Having a case dismissed through double jeopardy is what many would refer to as "getting off on a technicality," i.e., "winning" a case without actually needing to argue the merits or evidence involved.

The article Double Jeopardy and Criminal Charges was Submitted by Joseph Devine through Articles.GetACoder.com network. Here's the additional information: For more information on the duble jeopardy principle, visit the website of Dnton criminal attorney Karen Alexander at http://www.criminallawyerdenton.com Joseph Devine

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