Home Arkansas Criminal Law:  A Guide for Enforcement


Back to the Glossary

Double Jeopardy:

The unconstitutional practice of prosecuting a person twice for the same offense within the same jurisdiction, which is prohibited by the Fifth Amendment.         

Note that the idea of double jeopardy attaches to the jurisdiction.  A person can be tried and found guilty, and then be legally prosecuted by another state or the federal government.  Since double jeopardy only applies to criminal prosecutions, a person can be found guilty of a crime and then be found liable for a tort for the exact same act in civil court.
Last Updated:  7/9/2015