What does the Double Jeopardy Clause protect?

• A. It prohibits trying or punishing the same offense more than once after acquittal or conviction.
• B. It allows retrial after a hung jury.
• C. It applies only to civil cases.
• D. It guarantees the right to counsel at trial.

Answer: (A)

The Double Jeopardy protection stops the government from trying or punishing the same offense more than once after the first proceeding ends. In practice, once a defendant has been acquitted or convicted, the state cannot go back and prosecute or punish them again for the same crime. Jeopardy attaches when the trial begins (jury sworn in, or in a bench trial when evidence starts) and ends with a final acquittal or conviction. The essence is to prevent the government from “trying again” after a defendant has been cleared or punished for that offense.

A helpful way to see it is that this rule is about final outcomes for the same offense, not about every possible subsequent charge. For example, if a defendant is acquitted of a robbery charge, the government cannot retry them for that same robbery. If they are convicted, they cannot be punished again for the same offense.

Note that some situations, like a hung jury leading to a mistrial, don’t terminate jeopardy, so retrial is generally allowed. Also, the protection specifically targets criminal prosecutions and offenses, not a right to counsel or civil cases.