What is the scope of the double jeopardy clause of the Fifth Amendment?
The Double Jeopardy Clause of the Fifth Amendment of the U.S. Constitution states that no person shall be “subject for the same offense to be twice put in jeopardy of life or limb.” This clause applies to each State in the union, including Alaska. Essentially, the Double Jeopardy Clause prevents a person from being put on trial a second time for the same crime after they have been acquitted or convicted. This is true even if new evidence comes to light after the initial trial. Additionally, the Double Jeopardy Clause prevents the government from attempting to increase a punishment after a person has been convicted of a crime. The Clause also bars the government from charging a person for two separate crimes that stem from a single act. The Clause does not, however, prevent the government from prosecuting a person for a separate crime at the same time as a previously prosecuted crime. Nor does the Clause protect someone from being tried in both state and federal court for the same crime. In conclusion, the scope of the Double Jeopardy Clause of the Fifth Amendment is broad and prevents the government from retrying or punishing someone twice for the same crime. This protection is universal throughout the United States, and Alaska is no exception.
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