Fifth Amendment of the U.S. Constitution governs the issue of double jeopardy and states in pertinent part, "No person… shall… be subject for the same offense to be twice put in jeopardy of life or limb…( )." The Amendment was a codification of the common law that had long recognized the doctrine that a defendant should not be subject to multiple attempts by the state to convict him for the same crime. On its face, the Fifth Amendment appears to be clear but there are nuances that are been interpreted over the years that make its application more intriguing including the possibility, that given certain circumstances, defendants can face double jeopardy.

The recognition that double jeopardy was a legal reality began when the U.S. Supreme Court rendered its decisions in Bartkus v. Illinois (Bartkus v. Illinois, 1959) and Abbate v. United States (Abbate v. United States, 1959). Beginning with these...
[ View Full Essay]