Definition

Noun: A specific legal protection that prevents a person from being tried or punished twice for the same offense. This right is explicitly guaranteed by the Fifth Amendment to the United States Constitution.

Usage

This term is used in formal, legal contexts, particularly in discussions of U.S. constitutional law and criminal procedure. It refers to the principle itself, not the act of applying it. * The defense attorney argued that a new trial would violate the defendant's freedom from double jeopardy. * The Supreme Court's ruling reinforced the fundamental freedom from double jeopardy.

Advanced Usage

• Incorporation Doctrine: While the Fifth Amendment originally applied only to the federal government, the freedom from double jeopardy has been "incorporated" through the Fourteenth Amendment's Due Process Clause, making it applicable to state governments as well.
• "Same Offense" Test: Legal analysis of freedom from double jeopardy often centers on defining what constitutes the "same offense," using tests established by courts (e.g., the test).

Variants and Related Words

• Double Jeopardy Clause: The specific clause within the Fifth Amendment that provides this freedom. ("The case was dismissed based on the Double Jeopardy Clause.")
• Protection against double jeopardy: A more descriptive phrase with the same meaning.

Synonyms

• Right against double jeopardy
• Protection from double jeopardy

Note: There are no common idioms or phrasal verbs associated with this specific legal term.

Noun

1. a civil right guaranteed by the Fifth Amendment to the US Constitution