What does "no double jeopardy" mean?

Study for the Taft Law School Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The principle of "no double jeopardy" originates from the Fifth Amendment of the United States Constitution, which protects individuals from being tried twice for the same offense after acquittal. This means that if a person is found not guilty in a criminal trial, they cannot be subjected to another trial for the same crime, regardless of the circumstances. The intent behind this provision is to ensure fairness in the legal process and to prevent the government from subjecting individuals to the anxiety and expense of repeated prosecutions for the same alleged wrongdoing, providing a sense of finality for the defendant.

In this context, the other options reflect principles that do not accurately capture the essence of double jeopardy. For instance, a person being tried for multiple charges simultaneously does not pertain to the concept of double jeopardy itself, which specifically addresses retries for the same offense. Similarly, the ability to retry a person based on new evidence contradicts the double jeopardy protection because it implies a second opportunity for the state to secure a conviction after an acquittal. The right to remain silent, while a vital component of legal rights, relates more directly to protections against self-incrimination rather than the concept of double jeopardy.

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