what is double jeapordy?

Question

Isn't double jeapordy ..... I probably spelt that wrong if I did sorry but you get the idea. But isn't that when your tried for the same thing twice. Now if someone brings a civil lawsuit against you and then the state goes after you for just what the other people went for you isn't that double jeapordy and illegal?

Answer 1

Civil and criminal are two different courts.
Double Jeapordy is used in criminal courts. That's when let's say the tries someone. The person gets off for whatever reason. Later the find new information that can seal this person for the crime they were tried for, however the person has already been tried for that crime, therefore they can not be tried again for the same crime.

Answer 2

Simple answer is no. A civil action is not a trial by jury wherein the Double Jeopardy would be attached. DJ attaches to cases only upon the same Level of the trial such as district, circuit, or Federal level. DJ does not attach when going up in the system, but protects the other way. For instance, a person acquitted at a district level could be retried if the jurisdiction falls within federal jurisprudence, but once tried on a federal level, the district cannot touch you.

Answer 3

That means that a person that was proven to be innocent or not guilty of a crime (For example OJ Simpson) that he can never be retried for the same crime again, even if he really did it, if he was aquitted of a crime by a jury he can never, ever, ever be re tried for the same crime again that is double jeporady and that's a good thing that is in our constitution because these crazy cops will keep on taking away civil liberties and civil rights until they get it right, God Bless America!

A civil lawsuit is not double jepordy because double jepordy only applies to criminal trials, civil trials are all about money. Hope it helps!

Answer 4

double jeopardy is you cant be tried for the same thing twice.
what you're asking about isn't double jeopardy. one is a civil matter and then the other is- I'm assuming criminal? It's like say, OJ Simpson being tried for murder - then had a civil lawsuit for wrongful death. It isn't the same charge but they are related.

p.s. that movie was great..."double Jeopardy"

Answer 5

You are talking civil versus criminal.

You are only allowed to be tried once for the same crime! If someone sues you civilly, like the Goldman's sued OJ, that is not what it means as it is not the state who is taking you to court!

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

US Constitutution

Answer 6

Not if it's a misdemeanor, only felony cases. Also, State and Federal are two separate sovereigns and double jeopardy doesn't apply because each sovereign power can prosecute independently from each other, even for the same felony.

There are more situations where double jeopardy doesn't apply. See more detailed info in the resources list below. (See "Exceptions to Double Jeopardy" section)

Answer 7

Laughter became in reality proper in offering you with the widespread to be certain if the double jeopardy clause is extra on: it is, while you're convicted of two crimes and one in all them is what they call a lesser coated offense, then the state could choose one. To be sparkling, you're charged with Crime X, and to be convicted of X the State has to coach you probably did A, B, and C. you're additionally charged with crime Y, and to be convicted of Y, the State could teach you probably did A and B. nicely, because of the fact Y is a lesser coated offense of X (all of its factors have been factors of X), the Double Jeopardy clause would not enable them to can charge you with the two. for this reason, i'd wager littering and spitting on the sidewalk are no longer lesser coated offenses of another. regardless of each and every thing, "spitting" will require the state to coach you spit, while littering won't.

Answer 8

No. Some one can sue you in civil court for damages and the government can come at you for civil damages or criminal violation for the same incident.

Government can not charge you in criminal and civil court for the same incident. But you can faces charges in criminal court and be sued for damages in civil court by a victim.

Look at O.J. He was tried in criminal court and then the families sued him in civil court for personal damages. Crime victims and/or their families frequently sue convicted people for damages.

But, double jeopardy means being tried for the same criminal act twice. This means if you were found innocent of murder you can not be tried for that murder or manslaughter or assault for the same incident.

But you can be tried in federal court for violating someone's civil rights after state courts found you innocent of murder.

Confused yet?