#8 · 2026-08-14 · Legal term
Double jeopardy
The Fifth Amendment's Double Jeopardy Clause generally prevents a government from retrying a defendant for the same offense after an acquittal. Attachment, mistrial and appeal rules, and the separate-sovereigns doctrine require separate analysis in other scenarios.
Rule to remember
Double jeopardy is the Fifth Amendment protection against a second prosecution for the same offense after acquittal or conviction and against multiple punishments beyond what law permits.
Key elements and checks
- Prior jeopardy attached in a criminal proceeding.
- A final event such as an acquittal implicates the bar.
- The later prosecution concerns the same offense by the same sovereign, subject to governing exceptions.
In the source’s words
“nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb”
U.S. Constitution — Fifth Amendment
The Clause applies to states through the Fourteenth Amendment. Whether two charges are the same offense and how mistrials or separate sovereigns are treated are distinct questions.