The Fifth Amendment is probably best known for granting Americans the right to remain silent. Though Americans are familiar with this through popular media, it is not the limit of the Fifth Amendment.
Fifth Amendment Provides Many Rights
This Amendment guarantees many other fundamental rights to persons accused of crimes including rights to a jury trial, to remain silent and to a grand jury review of charges. It also guarantees that the government cannot keep trying to convict someone of a crime over and over again.
This is through the Double Jeopardy Clause. The prohibition against double jeopardy in the United States protects the legal system’s integrity as an accused citizen’s rights. In the U.S., to prosecute an individual twice for the same crime is unconstitutional.
Without the Double Jeopardy clause, a criminally accused defendant could be tried over and over, even after an acquittal. Potentially the government could try someone more than once for the same crime, until the odds favor a conviction.
The Double Jeopardy Clause also protects people from being punished more than once for the same behavior. Once a judge has pronounced a sentence, no additional punishment may be imposed for the same criminal act.
Double Jeopardy Applies to Both State and Federal Government
This applies not only to the federal government but to the states as well. The Fifth Amendment has applied to the federal government since it was ratified in 1791. In 1937 The United States Supreme Court ruled that the states were also prohibited from multiple prosecutions for the same conduct.
The Mistrial Exception
The only way in which a defendant will experience two trials for the same offense is if the first prosecution attempt ended in a mistrial. A mistrial can result from many things. It could result from a jury unable to reach a decision, or from the prosecution or defense bringing up evidence the court has ruled inadmissible. In those events there may be a second trial despite the Double Jeopardy clause.
A judge may terminate a trial for reasons besides a mistrial. If during trial the judge rules the prosecution has not proven its case beyond a reasonable doubt, jeopardy has attached and the case is dismissed short of completion. Despite this the defendant cannot be tried again, and the mistrial exception does not apply.
The Same Act, Different Law Exception
Despite double jeopardy a citizen may be charged, convicted and punished for separate crimes that arise from the same act. Someone standing in Illinois and shooting someone in Indiana has violated both Illinois and Indiana law and may face trial in both states. The same conduct can violate different federal and state laws. In 1991 California prosecuted police officers for beating Rodney King. The officers were found not guilty. Those officers were tried in federal court for violating King’s civil rights. That trial ended with a finding of guilty and prison time for some officers.
Double Jeopardy Raised in Motion to Dismiss
Double jeopardy is raised by way of a pre-trial motion to dismiss the charges. The motion will ask the judge to apply the “same elements” test. This test examines the elements of an earlier prosecution in relation to the elements of the second. If the judge finds the cases to be the same, the new charges will be dismissed.
Newly Discovered Evidence
A major issue involving double jeopardy involves newly discovered evidence. There are times after a defendant has been acquitted, law enforcement finds new evidence proving the accused’s guilt. If the trial is complete, the accused may not be prosecuted again. This element of the law gives prosecutors every incentive to have a full and complete investigation prior to charging and trying a defendant.
Since Double Jeopardy is for the protection of an accused, a convicted person may request and get a second trial if there is newly discovered evidence that proves his innocence.
