Legal Question in Criminal Law in Illinois
Under what circumstances does the fifth Amendment right against double jeopardy bar the government from trying or punishing a person a second time?
Asked on 11/16/11, 10:58 am
1 Answer from Attorneys
Double jeopardy says that once the government has tried you for an offense and lost, it can't come back at you for the same offense a second time. What it also has been interpreted to mean is that if you are tried for an offense that has "lesser included" offenses, you also can't be tried for any of the lesser included offenses. Double jeopardy "attaches" (locks in) when the trial for the offense starts. If there is a mistrial, you can be re-tried. Also, it does NOT attach where there is a "higher" included offense for which you are not tried the first time around.
Answered on 11/17/11, 12:45 pm
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