Double Jeopardy

Written by Jonathan Milner

Definition

Being tried or punished twice for the same crime by the same government, which the Fifth Amendment forbids.

Example

In Gamble v. United States (2019), the Supreme Court upheld the "separate sovereigns" rule: a state and the federal government can each prosecute a person for the same act.

 

Questions

  1. Define double jeopardy and identify the amendment that protects against it.

  2. Explain why the Framers included protection against double jeopardy.

  3. Describe the "separate sovereigns" exception to double jeopardy.

  4. Explain how the ruling in Gamble v. United States connects to federalism.

  5. Explain how selective incorporation applied the double jeopardy protection to the states.

  6. Describe one situation where a person could face both a criminal trial and a civil lawsuit for the same act.

  7. Explain how double jeopardy protects citizens from government abuse of power.

  8. Do you think the separate sovereigns exception is fair? Explain.

  9. What emoji would do a good job of expressing the concept double jeopardy?

  10. Translate double jeopardy into plain English.

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw double jeopardy! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

Further Review

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Jonathan Milner

Civics Maven!

https://www.gopopro.com/
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