Double Jeopardy: Can a Defendant Be Charged Again After a Not-Guilty Verdict?

Double jeopardy is a significant legal doctrine that is fundamental to the U.S. Constitution. It prohibits a criminal defendant from prosecution twice for the same offense. However, there are some situations where double jeopardy is not applicable.

In this video skit, a man seemingly admits to a crime immediately after his not-guilty verdict. “Thank you, judge; I will never do it again,” exclaims the defendant as he joyfully thanks the judge. Because he had admitted to the crime, several people asked whether the government could prosecute him again.

United States Law on Double Jeopardy

According to the distinguished and famous lawyer Ugo Lord, if you ever get a verdict and the verdict is ‘not guilty,’ then the same prosecutor cannot charge you again for the same crime because it is double jeopardy. In other words, you cannot be charged with the same crime by the same prosecutors from the same governmental agency. 

This means that if the state is going after you for a crime and you are acquitted but later confess, the state can’t touch you. But this doesn’t mean that the federal government cannot touch you. Even if the man in the video is found not guilty by the state, the federal government could still charge him if he violated federal law.

More on the Law

Double jeopardy is a right under the Fifth Amendment of the United States Constitution. This right shields defendants from the expense of having to go through several trials. However, you should always remember that you could still face legal action if you commit the same crime in a different setting.

One of the settings where double jeopardy cannot save you is a hung jury situation. A “hung jury” is one of the most frequent situations that result in a mistrial. And this happens when the jury cannot agree on whether a person is guilty or innocent. Double jeopardy is usually only relevant when the jury rendered a unanimous, conclusive verdict of not guilty.

If a mistrial occurs, the prosecutors may choose to retry the defendant in front of a fresh jury because the first jury could not reach a verdict. So, even after being found not guilty, you can still be subject to a second trial. Most commonly, if you committed the same offense on a federal level or in a different state.

Limitations of Double Jeopardy

Aside from the hung jury situation, there are other cases where double jeopardy doesn’t apply. For instance, double jeopardy does not apply in a civil lawsuit even though it is related to a criminal offense. In a civil lawsuit, the burden of proof is a majority of the evidence or clear and persuasive evidence in some situations. 

On the other hand, criminal cases require proof beyond a reasonable doubt. But you may still be sued for the same incident in a civil court even after being found not guilty in a criminal prosecution.

Double jeopardy is also not applicable if more than one government agency is legally authorized to file a criminal complaint for the same offense against you. This is “dual sovereignty.” For example, possession of a firearm on federal property may result in prosecution in state and/or federal court.

Regardless of the case’s outcome, you can still face federal prosecution for the same offense. It might seem unjust or against the protection of the double jeopardy clause. However, the Supreme Court has ruled that the conduct of one sovereign government cannot bind another.

So this means that federal authorities can give you a heavier verdict if they feel that the sentence given to you by the state government is too light. Also, as previously said, a state court giving you a verdict of not guilty does not prevent federal authorities from charging you with the same offense if federal laws were also broken.