What is the definition of 'double jeopardy'?

Prepare for the SCCJA Special Basic Test with comprehensive materials and practice quizzes including flashcards and multiple-choice questions, complete with helpful hints and explanations.

The definition of 'double jeopardy' refers specifically to the legal principle that an individual cannot be prosecuted for the same offense more than once after they have been acquitted or convicted. This protection is enshrined in the Fifth Amendment of the U.S. Constitution. The rationale behind this principle is to prevent the government from subjecting individuals to multiple trials for the same alleged crime, thereby safeguarding against the risk of unfairness and excessive legal pressure.

In this context, being prosecuted for the same offense twice would clearly be an infringement of the double jeopardy clause, as it undermines the finality of judicial decisions. Understanding this definition is crucial for grasping the rights of defendants in the legal system and the limitations placed on prosecutorial powers.

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