Welcome to You Ask Andy

Carlo Contras, age 15, of Akron, Ohio, for his question:

IN LAW, WHAT IS JEOPARDY?

Jeopardy in criminal law is the peril incurred by a defendant charged with a crime, on trial before a court of competent jurisdiction.

In the past, it was common for persons acquitted of criminal charges by the verdict of a jury to be tried a second time on the original charge. Persons treated in this way were often political prisoners or dissidents, and they were said to be placed in double jeopardy.

To exclude the possibility of such persecution in the United States, the Fifth Amendment to the Constitution provides: "Nor shall any person be subject for the same offense to be twice put in jeopardy."

The only exceptions to this include cases in which a mistrial occurs or in which a jury fails to agree. Under these circumstances, the defendant may be subject to a retrial.

The courts have interpreted the Fifth Amendment to apply only to criminal cases and have ruled that jeopardy begins when an accused person is placed on trial and ends upon acquittal or with sentencing after conviction.

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