Double Jeopardy
Double Jeopardy- Being tried for the same offense; prohibited by the 5th amendment to the U. ... "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb"). ... This is the courts legal definition, but should double jeopardy actually be prohibited in the U. ... The right to be set free from double jeopardy was first made applicable to the state proceedings in Benton vs. ... Is this a case of double jeopardy? ... The term “double jeopardy" actually refers to the "danger" of a second punishment whenever and individual is brought to trial again, for the same crime. ... Double jeopardy also prohibits a second punishment for the same offense. ... The practice in many states of immediately seizing an intoxicated drivers license upon arrest is being called into question as more and more lawyers are asking courts to consider the seizure a punishment, and the trial on the charges a second potential punishment in violation of double jeopardy (Tony Mauro, "DUI Policy May Run Into Double Jeopardy", USA Today, June 21, 1995, p. ... "In some courts, convictions are being thrown out 10 and 20 at a time," said Lawrence Taylor, the Long Beach, California lawyer who first raised double jeopardy application to a drinking and driving case. ... nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb. ... Lawyers who use double jeopardy argue that their clients are being punished twice -- once for the loss of the license, and then again if they are tried, convicted, and then sentenced.