Congressional Digest

Supreme Court Debates January 2019 No. 1 Vol. 22
Protections Against Double Jeopardy

Double Jeopardy

Constitutional Limits on Multiple Prosecutions

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Protections Against Double Jeopardy

History and Supreme Court Precedent

The constitutional prohibition against “double jeopardy” was designed to protect an individual from being subjected to the hazards of trial and possible conviction more than once for an alleged offense. … The underlying idea, one that is deeply ingrained in at least the Anglo-American system of jurisprudence, is that the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense, and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility…

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