Double Jeopardy: What It Does And Does Not Mean.

Most people have heard the phrase “Double Jeopardy” before. But it remains one of the most misunderstood legal concepts.

This blog provides an overview of what Double Jeopardy means—and more importantly what it does not mean—and answers a few of the most frequently asked questions.

Both the Minnesota and United States Constitutions protect against being put twice in jeopardy for the same offense.

The Double Jeopardy right has been recognized since the colonial era. The overall purpose is to prevent (1) multiple prosecutions for the same conduct; and (2) unjust double punishment. Allowing multiple prosecutions unfairly increases the risk of convicting an innocent person. Double punishment runs the risk of discriminatory enforcement by allowing the State to pick and choose who gets punished twice.

Double punishment also violates Separation of Powers principles, undermining democracy. In Minnesota, the people, through their elected voices in the Legislature, hold the exclusive power of defining what a crime is and how much it may be punished. If double punishment were allowed, then the prosecutors or courts could add more punishment than the democratic process prescribed.

However, the word “jeopardy” has a special meaning. Lawyers refer to words with special meanings as “words of art” because their definition may not be the same as how the word is used outside the court room. In practice, the Double Jeopardy clause only applies in a few, very narrow situations.

“Jeopardy” narrowly occurs only during a criminal trial itself—not during initial investigations, preliminary court hearings, nor related civil court proceedings.

Minnesota Courts state that “jeopardy” only starts when “a jury is empaneled and sworn”. This means that if your case is dismissed before trial or during jury selection, the State could potentially bring charges again, depending on the circumstances.

A common situation occurs when the State initially brings charges but then cannot prepare for trial fast enough. For example, the State may need to wait for a drug toxicology test or DNA test before taking a case to trial. Double jeopardy does not prevent the State from dropping the charges and trying again later once their evidence is ready.

Another scenario involves investigative arrests and detentions. Double jeopardy does not apply. Police may arrest you, because they have probable cause to believe you committed a crime, but the prosecution cannot bring charges fast enough. You may even sit in jail for up to two days and then get released. But this does not stop the State from bringing charges against you later because you were not put in “jeopardy” yet.

Lastly, while “double jeopardy” prevents “double punishment”–but “punishment” means only a criminal conviction. It does not mean any non-criminal punishment, sanction, or fine. This is part of the reason why you can beat a DWI criminal case but still have your driver’s license revoked. Or why you can be found not guilty of criminal assault but still be held civilly responsible for an injured person’s medical bills.

“Jeopardy” usually ends only by a unanimous verdict or mid-trial dismissal for insufficient evidence.

Minnesota Courts find that “jeopardy” does not always end even when the trial seems over. The most common example of this is a “hung jury”. This occurs when all twelve jurors cannot agree on a guilty or not guilty verdict. The Courts find that such a verdict is not “complete”. Therefore, the Courts say the “jeopardy” did not end, it simply continues, and a retrial is allowed.

The other scenario where a second trial could happen is when unforeseen circumstances cause a mistrial. The jury could be tainted by inadmissible evidence. A key witness could go into a coma the day before their testimony. Any number of things could cause a mistrial. Generally, when that happens, a second trial is allowed.

Double Jeopardy will apply only following a unanimous, not-guilty verdict, which will prevent re-trial in almost all situations. Similarly, after the State presents all its evidence at trial, if a judge finds that evidence is legally too weak to convict, re-trial should be prevented.

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If you or someone you know has is potentially facing unjust double punishment or any criminal accusations in Minnesota, don’t wait to get the legal help you need. Contact McKinney Defense today by calling (612) 300-1208 or filling out our online form to schedule a FREE consultation. Let me fight for your rights and help you take the first step toward fair representation.

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This blog post (“post”) is provided for general informational purposes only and may not reflect the current law in Minnesota or your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.