prior jeopardy

prior jeopardy
A defense, otherwise known as double jeopardy or former jeopardy, based upon a provision of the United States Constitution found in the Fifth Amendment or a similar provision of a state constitution, deriving from a principle of the common law that a man shall not be brought into danger of his life or limb more than once for one and the same offense; a rule prohibiting a second punishment for the same offense and, as well, a second trial for the same offense. 21 Am J2d, Crim L § 165. The test is not whether the defendant has already been tried for the same act, but whether he has been put in jeopardy for the same offense. See Gavieres v United States, 220 US 338, 55 L Ed 489, 31 S Ct 421. See identity of offenses.

Ballentine's law dictionary. . 1998.

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