double jeopardy does not only apply to capital murder
Posted on: December 11, 2023 at 13:54:24 CT
Spanky KU
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The Double Jeopardy Clause in the Fifth Amendment prohibits anyone from being prosecuted twice for substantially the same crime.
The Supreme Court has determined that the double jeopardy clause of the Fifth Amendment protects defendants not only from prosecution for the same offense after an acquittal, but also from a second prosecution after a conviction and from multiple punishments for a single offense.
In Benton v. Maryland, 395 U.S. 784 (1969), the Supreme Court incorporated the Double Jeopardy Clause against the states.
In United States v. One Assortment of 89 Firearms, 465 U.S. 354 (1984), the Supreme Court held that the prohibition on double jeopardy extends to civil sanctions which are applied in a manner that is punitive in nature.