Publication Date
6-1-2025
Document Type
Casenote
Abstract
“No man is to be brought into jeopardy of his life, more than once, for the same offense.” This ancient maxim, preserved in the Double Jeopardy Clause of the Fifth Amendment, is a hallmark of the American justice system. The Double Jeopardy Clause gives a criminal defendant the constitutional right not to be tried again for the same offense after being acquitted. This guarantee stands as “[p]erhaps the most fundamental rule in the history of double jeopardy jurisprudence.”
The Supreme Court of the United States has repeatedly upheld these principles; by refusing to allow retrial following an acquittal, the Court underscores the importance of the constitutional protections afforded by the Double Jeopardy Clause. This posture, however, presents a broader tension between state autonomy and federal oversight. While states possess the authority to enact and enforce their own legislative and judicial principles, they remain bound by the Constitution. This tension requires states to carefully navigate the exercise of their traditional autonomy while remaining within the framework of the Constitution’s governing provisions.
Recommended Citation
Levine, Talia
(2025)
"Repugnant Verdicts for $1000: Navigating the Intersection of Double Jeopardy and Conflicting Verdicts in McElrath v. Georgia,"
Mercer Law Review: Vol. 76:
No.
5, Article 9.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol76/iss5/9