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What Is Double Jeopardy?

In the constitution of the United States of America, the Bill of Rights contains a double jeopardy clause that prevents individuals from being tried twice for the same offense. Specifically, the double jeopardy clause prevents individuals from being violated with regards to 3 specific rights.

The first right entails that a defendant may not be tried for the same offense if acquitted. Thus, if the individual was found to by innocent in a court trial for an offense, the individual cannot be tried again for the same offense since he or she was found to be innocent already by a court of law.

The second right protected by the double jeopardy clause involves the same details as the first, except that the defendant cannot be tried for the same offense after a conviction. If the individual was found guilty of an offense, he or she cannot be charged and tried for the same offense since he or she was already considered guilty.

The third right requires that an individual, who has committed an offense, cannot be given several punishments or sentences for the same offense. If an individual is tried and found to be guilty, a sentence or punishment is given by the judge, after which the individual can no longer receive any other form of sentencing or punishment for an offense that has already received one.

However, there exists an exceptional situation wherein an individual can be tried for the same offense in a separate court of law, either federal or state since both justice systems are considered separate and independent of each other.

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