Legal Question in Constitutional Law in Pennsylvania

What is Double Jeapordy relating to the Fith Amendment

Explain to me what the Double Jeapordy loophole in the Fith Amendment is and what it applies to.


Asked on 3/15/02, 2:56 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: What is Double Jeapordy relating to the Fith Amendment

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 offense to be twice put in jeopardy of life or limb; nor shall he 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.

There is no "loophole." One cannot be taken to trial more than once for the same offense. If acquited the first time, that's the end of it.

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Answered on 3/16/02, 11:17 am


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