Court Interpreter Written Practice Exam

Session length

1 / 400

In what situation is double jeopardy applicable?

When a defendant is tried for a different charge

When a defendant is tried twice for the same crime on the same set of facts

Double jeopardy is a legal concept that protects individuals from being tried multiple times for the same offense. The applicability of double jeopardy arises specifically in scenarios where a defendant has been tried and acquitted or convicted for the same crime based on the same set of facts. This principle is grounded in the Fifth Amendment of the U.S. Constitution, which guarantees that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb."

In this context, if a defendant faces prosecution again for the exact crime after the conclusion of their first trial, that would trigger the protections of double jeopardy. The rationale behind this protection is to prevent the government from subjecting an individual to the emotional and financial toll of repeated trials for the same offense, as well as to preserve the finality of legal judgments.

In scenarios such as being tried for different charges, insufficient evidence for trial, or settling cases out of court, double jeopardy does not apply. Each of these situations involves distinct circumstances that do not fall under the protections meant to shield an individual from being retried for the same crime, reinforcing the importance of the specific conditions under which double jeopardy operates.

Get further explanation with Examzify DeepDiveBeta

When the evidence is insufficient for trial

When a case is settled out of court

Next Question
Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy