Legal Question in Constitutional Law in New Jersey

Does it violate the double-jeapordy clause of the fifth amendment if a publicly funded university or state school holds trials on students who have been found in violation of a law outside of the school's property? For instance, a new university policy here allows the school to hold its own trial for students who have already gone through the process of going to court and being cleared or convicted of a crime. The school then adds its own fines/community service/etc on top of what the municipal court has already handed out.


Asked on 3/08/10, 9:07 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

No. Double jeopardy applies only to criminal prosecutions. Your university's disciplinary hearing is not a criminal trial. It does not put you in jeopardy of a criminal punishment. A prior criminal case would not bar a disciplinary hearing, just as a prior disciplinary hearing would not bar a criminal case.

It is common for criminal defendants to face separate civil suits and/or regulatory proceedings due to the same conduct. Double jeopardy does not apply in those situations. The scenario you describe is just a variation on the same theme.

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Answered on 3/14/10, 4:39 pm


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