Double Jeopardy

Question 1

Double Jeopardy Clause - generally

Answer 1

The Fifth Amendment provides the right to bee free of double jeopardy for the same offense. Two crimes do not constitute the same offense if each crime requires proof of an additional element that the other crime does not require, even though some of the same facts may be necessary to prove both crimes.

Question 2

Double jeopardy - exception for mistrial

Answer 2

As a general rule, the right to be free of double jeopardy for the same offense bars a retrial for the same offense once jeopardy has attached in the first trial. However, one of the exceptions permitting retrial even if jeopardy has attached is when a mistrial is granted in the first trial at the request of the defendant on any ground not constituting an acquittal on the merits.