{"id":86807,"date":"2018-12-08T12:59:20","date_gmt":"2018-12-08T17:59:20","guid":{"rendered":"https:\/\/sentencing.net\/?p=86807"},"modified":"2019-11-05T16:07:37","modified_gmt":"2019-11-05T21:07:37","slug":"double-jeopardy-rule-reexamined","status":"publish","type":"post","link":"https:\/\/sentencing.net\/appeal\/double-jeopardy-rule-reexamined","title":{"rendered":"Double Jeopardy Rule Reexamined"},"content":{"rendered":"\n\t
The double jeopardy rule is one of the more commonly understood principles of the criminal justice system. Per the Fifth Amendment, no “person [shall] be subject for the same offence to be twice put in jeopardy of life or limb.” If a defendant cannot be tried twice for the same crime, then what gives state and federal courts the right to separately charge, convict, and sentence a defendant for the same criminal activity? The case of\u00a0Gamble v. United States<\/em><\/a>\u00a0is now under review by the Supreme Court to address that very question.<\/p>\n In addition to preventing the government from wasting resources on multiple prosecutions for a defendant’s same alleged criminal activity, the double jeopardy rule protects individuals from multiple prosecutions. It also ensures a sense of finality for criminal proceedings. Given that this is a constitutional protection, all of the states must abide by this rule. However, states are free to enact laws that provide even greater protection than the federal prohibition on double jeopardy.<\/p>\nThe Principles Underlying the Double Jeopardy Rule<\/h2>\n