You may have heard of the term double jeopardy, but are unclear to the terms ramifications. Double jeopardy is a legal term used in criminal cases that has a long rich era throughout western civilization. The term expresses and guarantees certain rights to those being tried in criminal cases; under the Fifth Amendment of the United States constitution, a citizen cannot be tried twice for the same crime.
U.S. Times alleges otherwise. Reportedly, this October in Arkansas, the Supreme Court tried a man for killing his girlfriend's 19-month-old child. He told the jury that it was an accident. Once the trial had been conducted where the man was tried for negligent homicide, first degree murder, capital murder, and manslaughter, the 12 judges deliberated the charges. The 12 juror members had decided that the defendant was not guilty of first degree murder and capital murder but were continually at an impasse on the last two charges. When the judge heard this he dismissed the case as a mistrial. The defendant's attorney asked that the two charges that were unanimously decided not guilty be announced as official. The judge refused; therefore, the defendant will be tried again for the same crime.
The legal term double jeopardy was first expressed in 355 BC in the Athenian state by a man named Demosthenes. Allegedly, he was the first to interpret the law as negating a second trial when a person had already been tried for that same crime. In 533 BC in the Digest of Justinian, the Romans also established this law; it was also the custom of the middle ages through the early Christian writers. In England, double jeopardy was also a form of law, though its definition was much more limited than the Greek's and the Roman's definition. The restrictions of double jeopardy were that it was only lawful when applied to capital felonies and was only applicable after the judgment was announced.
When the Colonists were settling America, they too, having been familiar with English literature, set up a law embodying the legal rights of double jeopardy. They believed that the phrase should be applicable to all tried crimes. It is reported that they wanted the written law to express this thought without room for an ulterior interpretation. Unfortunately, there are many who interpret it differently today.
All state legislatures also enforce double jeopardy in their courts. In 1969, in the case Benton v Maryland, it was ruled that double jeopardy applied in both federal and state courts. Yet, there are distinctions in each state. Before this ruling, states had different limitations and restrictions recorded in the double jeopardy law, and the federal government had more freedom in its courts. Though the ruling made federal and state jeopardy laws simultaneous in its rights, disputes still arise when states decide to give more protection than is written in the federal constitution.
The constitution states that double jeopardy only applies to defendants when "life" or "limb" is being risked. It does not apply to cases where a person is not in jeopardy. This also means that it does not apply to civil and administration events. The distinction between civil and administrative courts is that they deal with repetitive daily charges while criminal charges deal with the sentencing and punishing of individuals to a much larger degree.
It is also crucial to note that in all proceedings where double jeopardy is applicable, by law there must be a time period when double jeopardy begins. If a legal proceeding has taken place before the double jeopardy cause has gone into effect, the government may proceed again with a trial the second time. In the U.S. Supreme Court, Jeopardy is enacted when the jury is sworn in. In a juvenile delinquency case, double jeopardy attaches when the evidence is presented to the court. For a bench trial, when there is no jury, jeopardy is enacted when the witness is sworn in. If you are going to be tried in a criminal case soon, it is suggested that you find out when double jeopardy attaches so that there are no misconceptions about your trial. Also, it is a good idea to contact a knowledgeable attorney today; double jeopardy is a right that you are entitled to.
