Double Jeopardy Clause

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb . . . ." The four essential protections included are prohibitions against, for the same offense:

Jeopardy attaches in jury trial when the jury is empaneled and sworn in, in a bench trial when the court begins to hear evidence after the first witness is sworn in, or when a court accepts a defendant's plea unconditionally. Jeopardy does not attach in a retrial of a conviction that was reversed on appeal on procedural grounds (as opposed to evidentiary insufficiency grounds), in a retrial for which "manifest necessity" has been shown following a mistrial, and in the seating of another grand jury if the prior one refuses to return an indictment.

"Same offense"

In United States v. Felix 503 U.S. 378 (1992), the U.S. Supreme Court ruled: "a[n]...offense and a conspiracy to commit that offense are not the same offense for double jeopardy purposes."

Double jeopardy

Double jeopardy is a procedural defence that forbids a defendant from being tried again on the same (or similar) charges in the same case following a legitimate acquittal or conviction. In common law countries, a defendant may enter a peremptory plea of autrefois acquit or autrefois convict (autrefois means "in the past" in French), meaning the defendant has been acquitted or convicted of the same offence and hence that they cannot be retried under the principle of double jeopardy.

If this issue is raised, evidence will be placed before the court, which will normally rule as a preliminary matter whether the plea is substantiated; if it is, the projected trial will be prevented from proceeding. In some countries, including Canada, Mexico and the United States, the guarantee against being "twice put in jeopardy" is a constitutional right. In other countries, the protection is afforded by statute.

International Covenant on Civil and Political Rights

The 72 signatories and 166 parties to the International Covenant on Civil and Political Rights recognise, under Article 14 (7):

Highlander: The Series (season 4)

The fourth season of the American drama/adventure television series Highlander began airing 25 September 1995 and finished on 26 May 1996. The series continues to follow the adventures of Duncan MacLeod, a 400-year-old Immortal who can only die if he is beheaded. MacLeod is involved in the Game, an ongoing battle during which all Immortals have to behead each other until only one is left.

Cast

Main cast

Supporting cast

Double Jeopardy (film)

Double Jeopardy is a 1999 American adventure crime-thriller film directed by Bruce Beresford and starring Tommy Lee Jones, Ashley Judd, and Bruce Greenwood. The film is about a woman who slipped away from her parole officer after being framed for the murder of her husband.

Plot

Nick Parsons (Bruce Greenwood) and his wife Elizabeth (Ashley Judd), known as Libby, wealthy residents of Whidbey Island, Washington, borrow a friend's yacht and set off sailing for the weekend. After a session of love making, Libby falls asleep. She wakes to find her husband missing and blood all over her hands, clothes, legs, and the boat's floors. A Coast Guard vessel appears and Libby is spotted holding a bloody knife she found lying on the deck. She is arrested, humiliated in the media, tried, and convicted of her husband's murder.

Libby asks her best friend, Angela Green (Annabeth Gish), to look after her 4-year-old son, Matty (Benjamin Weir), for the duration of her prison sentence. On a phone call with Matty from prison, Libby hears a door open in the background, then Matty exclaims, "Daddy!" right before the line goes dead.