Double jeopardy

In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction.^[1] Double jeopardy is a common concept in criminal law – in civil law, a similar concept is that of res judicata. The double jeopardy protection in criminal prosecutions bars only an identical prosecution for the same offence; however, a different offence may be charged on identical evidence at a second trial. Res judicata protection is stronger – it precludes any causes of action or claims that arise from a previously litigated subject matter.^[2]

A variation in common law countries is the peremptory plea, which may take the specific forms of autrefois acquit ('previously acquitted') or autrefois convict ('previously convicted'). These doctrines appear to have originated in ancient Roman law, in the broader principle non bis in idem ('not twice against the same').^[3]

^ Rudstein, David S. (2005). "A Brief History of the Fifth Amendment Guarantee Against Double Jeopardy". William & Mary Bill of Rights Journal. 14 (1).
^ D Nimmer (1981). Double Jeopardy Clause as a Bar to Reintroducing Evidence (From Criminal Law Review, 1981, P 301-320, James G Carr, ed.).
^ Buckland, W. W. (1963). A Text-book of Roman Law from Augustus to Justinian (3 ed.). Cambridge: Cambridge UP. pp. 695–6.

[historyOf5-1] Rudstein, David S. (2005). "A Brief History of the Fifth Amendment Guarantee Against Double Jeopardy". William & Mary Bill of Rights Journal. 14 (1).

[2] D Nimmer (1981). Double Jeopardy Clause as a Bar to Reintroducing Evidence (From Criminal Law Review, 1981, P 301-320, James G Carr, ed.).

[3] Buckland, W. W. (1963). A Text-book of Roman Law from Augustus to Justinian (3 ed.). Cambridge: Cambridge UP. pp. 695–6.

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