Double Jeopardy - Law Dictionary Search Results
Home Dictionary Name: double jeopardydouble jeopardy
double jeopardy : the prosecution of a person for an offense for which he or she has already been prosecuted — see also jeopardy, Amendment V to the Constitution in the back matter compare merger NOTE: The Fifth Amendment to the Constitution states that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” The double jeopardy clause bars second prosecutions after either acquittal or conviction, and prohibits multiple punishments for the same offense. ...
jeopardy
jeopardy 1 : exposure to or imminence of death, loss, or injury 2 : the danger of conviction that an accused person is subjected to when on trial for a criminal offense see also double jeopardy NOTE: Jeopardy attaches, or comes into effect for double jeopardy purposes, when a jury is sworn in or, in a non-jury trial, when the judge begins to hear evidence. The Fifth Amendment to the U.S. Constitution forbids double jeopardy for the same offense, and this applies whether the first trial ends in acquittal, conviction, or a mistrial. If a mistrial occurs due to a manifest necessity or if a defendant appeals a conviction, however, the rule against double jeopardy does not apply. The issue of manifest necessity is determined by the trial judge and, if necessary, by an appeals court. ...
former jeopardy
former jeopardy 1 : a common-law plea in bar of autrefois acquit or autrefois convict 2 : double jeopardy ...
Jeopardy
Jeopardy, means the risk of conviction and punish-ment that a criminal defendant faces at trial. Jeopardy attaches in a jury trial when the jury is empaneled, and in a Bench trial when the first witness is sworn. Also termed legal jeopardy, Black's Law Dictionary, 7th Edn., p. 839.Double is the subjection of an accused person to repeated trial for the same alleged offence, Dictionary of Political Science, Joseph Dunner, 1965, p. 154.In India, no person can be prosecuted and punished for the same offence more than once, Commentary on the Constitution of India, Durga Das Basu, Vol. D, 6th Edn., p. 14. [Constitution of India, Art. 20(2)]...
dual sovereignty doctrine
dual sovereignty doctrine : a doctrine holding that more than one sovereign (as a state government and the federal government) may prosecute an individual without violating the prohibition against double jeopardy if the individual's act breaks the laws of each sovereignty ...
implied acquittal
implied acquittal : an acquittal of a more serious offense (as first-degree murder) that is considered to result from a verdict which convicts the defendant of a lesser included offense while remaining silent on the greater one NOTE: A greater offense and a lesser included offense are the same offense under a double jeopardy analysis. Therefore, a conviction of a lesser included offense and implied acquittal of the greater offense bars retrial on the greater offense. ...
manifest necessity
manifest necessity : a circumstance (as an incurable pleading defect, the unavailability of an essential witness, juror misconduct, or illness of counsel) which is of such an overwhelming and unforeseeable nature that the conduct of trial or reaching of a fair result is impossible and which necessitates the declaration of a mistrial NOTE: If there is a manifest necessity for the declaration of a mistrial, the defendant may be retried without violation of the prohibition on double jeopardy. ...
merger
merger 1 : the absorption of a lesser estate or interest into a greater one held by the same person compare confusion 2 : the incorporation and superseding of one contract by another 3 a : the treatment (as by statute) of two offenses deriving from the same conduct such that a defendant cannot be or is not punished for both esp. when one offense is incidental to or necessarily included in the other [a of offenses in a statute] [a of convictions] b : the doctrine according to which such offenses must be merged compare double jeopardy NOTE: Merger commonly involves the interpretation of statutes and legislative intent in deciding whether two or more offenses deriving from the same conduct remain distinct. 4 : a doctrine in civil litigation: a judgment in favor of a plaintiff incorporates and supersedes the cause of action and any claims based on it and requires that further litigation in the case by the defendant be concerned with the judgment itself compare bar estoppel by judg...
multiplicity
multiplicity pl: -ties 1 a : the quality or state of being multiple or various b : the charging of a single criminal act or offense as multiple separate charges or counts of an indictment or information [ does not require dismissal of the indictment "W. R. LaFave and J. H. Israel"] compare duplicity, misjoinder NOTE: Multiplicity raises the risk of violating the double jeopardy protection against receiving multiple sentences for a single offense. Multiplicity is a defect that can be corrected without dismissal of the case. 2 : a great number [joinder is allowed to avoid a of actions] ...
overreaching
overreaching 1 : conduct that exceeds established limits (as of authority or due process) [claimed that by the prosecution barred a retrial because of double jeopardy] 2 : the gaining of an unconscionable advantage over another esp. by unfair or deceptive means [if the contract was void for traditional reasons such as fraud or "Lugassy v. Independent Fire Ins. Co., 636 So. 2d 1332 (1994)"] ...
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