The TR Company

Double jeopardy

20/9/19 Double jeopardy

Double Jeopardy is a procedural defense that forbids a defendant from being tried twice for the same crime on the same set of facts. At common law a defendant may plead autrefois acquit or autrefois convict (a peremptory plea), meaning the defendant has been acquitted or convicted of the same offense. If this issue is raised, evidence will be placed before the court, which will normally rule as a preliminary matter whether the plea is substantiated, and if it so finds, the projected trial will be prevented from proceeding. In many countries the guarantee against being “twice put in jeopardy” is a constitutional right.