Twice put in Jeopardy of Life or Limb

The consitution protects individuals against being tried twice for the same crime. Recently, there has been much controversy over what some legal scholars see as an attempt by the federal and state governments to violate this constitutionally protected right.

In a number of highly publicized cases, federal charges were brought against citizens acquitted by state juries. Although double jeopardy arguments were made, it seems that appellate courts will allow these prosecutions. Federal prosecutors generally bring civil rights violations against these citizens, and argue that the crime is different, although the underlying facts are often identical. An example includes the federal prosecution of the Los Angeles police officers who were aquitted by a state jury of beating Rodney King.

Civil Forfeiture is a growing area of law in which an individual can both be prosecuted criminally, and subject to forfeiture of his property in quasi related or separate proceedings. Double jeopardy arguments have been made to oppose these forfeitures. For further discussion of civil forfeiture, explore Fear's website.