What is Double Jeopardy?
Double jeopardy is a legal principle that prevents an individual from being tried or punished more than once for the same offense. In the context of government, double jeopardy typically refers to the constitutional protection against being prosecuted twice for the same crime.
Origins and Legal Basis
The concept of double jeopardy has its origins in English common law and is enshrined in the Fifth Amendment of the United States Constitution. The amendment states that no person shall ‘be subject for the same offense to be twice put in jeopardy of life or limb’.
Examples of Double Jeopardy
One famous example of double jeopardy in the United States is the case of O.J. Simpson. After being acquitted of murder charges in his criminal trial, he could not be tried again for the same offense. Another example is the case of Rodney King, where the police officers involved were acquitted in their criminal trial, and double jeopardy prevented them from being retried.
Case Studies
In the case of Arthur Andersen, a large accounting firm, the company was convicted of obstructing justice in the Enron scandal. However, the conviction was later overturned by the Supreme Court due to flaws in the jury instructions, leading to the concept of double jeopardy protecting the firm from being retried.
Statistics and Impact
According to the Bureau of Justice Statistics, double jeopardy protections have been invoked in a small percentage of cases, but they play a crucial role in safeguarding individuals from being unfairly targeted or excessively punished by the government. The principle of double jeopardy is seen as a fundamental aspect of the criminal justice system that upholds the rights of defendants.
