Constitutional Law
Mar. 25, 2024
Double jeopardy: Oh no! You again!
California has enacted several statutes that provide greater double jeopardy protection than the constitutional clauses, and bar a successive prosecution in this state if the defendant was acquitted or convicted in another jurisdiction for the same act or omission.
Airport Courthouse
James P. Cooper III
Commissioner,
This art was created with the assistance of Shutterstock AI tools
Individuals who have faced successive prosecutions in federal and state courts for conduct that appeared to be identical or transactionally related conduct often assert double jeopardy as a defense to the second prosecution. Generally, the courts have denied the double jeopardy defense because double jeopardy protection is not as broad as the defendants might have believed.
1. Federal and State Constitution...