Which statement best describes Double Jeopardy?

Which statement best describes Double Jeopardy?

• A. The defendant cannot be tried twice for the same crime
• B. The defendant can be tried twice for the same crime
• C. The defendant must be tried only once in federal court
• D. Double Jeopardy applies only to civil cases

Answer: (A)

Double Jeopardy protects a person from being prosecuted more than once for the same offense. In a criminal case, once jeopardy attaches—usually when the jury is sworn in a jury trial (or when the first witness is sworn in a bench trial)—the defendant cannot be tried again for the same crime, nor punished twice for the same conduct if they are acquitted or convicted. It also bars multiple punishments for the same offense, though separate offenses arising from the same act can sometimes be punished separately if each offense requires proof of a distinct element (the Blockburger principle). It does not apply to civil cases, where a person can face a separate civil action for the same act. The statement that best describes Double Jeopardy is that the defendant cannot be tried twice for the same crime.

Double Jeopardy protects a person from being prosecuted more than once for the same offense. In a criminal case, once jeopardy attaches—usually when the jury is sworn in a jury trial (or when the first witness is sworn in a bench trial)—the defendant cannot be tried again for the same crime, nor punished twice for the same conduct if they are acquitted or convicted. It also bars multiple punishments for the same offense, though separate offenses arising from the same act can sometimes be punished separately if each offense requires proof of a distinct element (the Blockburger principle). It does not apply to civil cases, where a person can face a separate civil action for the same act. The statement that best describes Double Jeopardy is that the defendant cannot be tried twice for the same crime.