Double Jeopardy In The Courtroom

Do you ever wonder why it takes crime investigators and police officers a while to arrest someone? True crime documentaries bring the resolution quickly to viewers, however, the actual length of time between start to finish could take years of warrants, court battles, and evidence gathering.

Slow and steady wins the race here; aim for a speedy trial and you may find your guilty party walking free. The worst part is you have no recourse for further action because once an individual has been acquitted, they cannot be tried again for the same crime. 

The Fifth Amendment: Double Jeopardy Explained

Within the fifth amendment of the U.S. constitution contains the declaration “..nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb.” Essentially, what the fifth amendment says is no one can be tried for the same crime twice, even if new evidence comes to light. 

Let’s say someone committed a break and enter. During the trial, there was not enough evidence and the individual was found not guilty. Even if the defendant’s fingerprints are found later on a piece of evidence, they can’t be retried. 

Case Example: Ashe vs Swenson

It’s poker night and one of the players has allegedly been swiping other people’s belongings. When brought to trial for one purported robbery, the jury found there was not enough evidence to prove the defendant robbed the plaintiff.

Later, another poker player came forth claiming they were robbed by the defendant as well that same night. The Supreme Court ruled that the defendant could not be punished for the second robbery in the court of law because the original case acquitted the defendant of the first robbery claim. 

Had these robberies been committed on different poker nights, then both individuals would have a case against the defendant. If the affected parties worked together to gather evidence and build a stronger case, perhaps a guilty verdict would have been given. But the double jeopardy law means the defendant cannot be tried again for their actions on poker night. 

Mangione Pleading Guilty Created A Double Jeopardy Situation

On August 14th, Luigi Mangione submitted two guilty pleas for federal stalking resulting in death. They were accepted by Judge Margaret Garnett, which means that Mangione’s federal sentencing will be decided. The prosecution is seeking life in jail. 

Now Mangione is scheduled to head to New York state court where he will be tried for murder…but according to double jeopardy, he’s already pled guilty to crimes surrounding his actions on the day he shot UnitedHealthcare CEO. 

As such, Mangione’s defense team has already filed a motion to dismiss his state trial. Opinions are mixed, but the double jeopardy clause is clear, so we’ll have to see how the NY court responds. 

If You’re Facing Criminal Charges, Contact Hickey & Hull

Double jeopardy is the type of legal loophole most individuals don’t know about, but one that a skilled legal professional can immediately identify. That’s why you hire a high-quality attorney; they think 10 steps ahead for you, so you can focus on mentally preparing for trial. 

It’s that easy when a lawyer is working by your side. Call us today at (479) 434-2414 or chat with our online agent to book your initial consultation. Trust us, things are about to get better when you’ve got legal aid from Hickey & Hull Law Offices.