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Double Jeopardy

Double jeopardy is a legal principle that limits repeated criminal prosecution or punishment for the same offence after a final acquittal or conviction.

By Ethan Anderson| Reviewed by Olivia Bennett, Standards & Fact-Checking Lead| Updated July 26, 2026|2 min read| Fact-checked

Double jeopardy is a legal principle that limits repeated criminal prosecution or punishment for the same offence after a final acquittal or conviction. In the United States, it is protected by the Fifth Amendment and applies to federal and state cases through incorporation. In Canada, similar protection is found in section 11(h) of the Canadian Charter of Rights and Freedoms.

Meaning and purpose

Double jeopardy is designed to stop the state from repeatedly prosecuting or punishing someone for the same criminal offence. It protects finality in criminal proceedings and limits harassment through repeated prosecutions.

United States law

The Fifth Amendment says no person shall be twice put in jeopardy for the same offence. U.S. law generally protects against reprosecution after acquittal or conviction, and the protection extends to state courts through incorporation.

Canadian law

Section 11(h) of the Canadian Charter of Rights and Freedoms protects against double jeopardy in Canada. Canadian authorities describe it as barring a second prosecution or punishment for the same offence after a final acquittal or conviction, with related doctrines such as the Kienapple principle.

Scope and limits

The doctrine mainly applies to criminal law. Some civil or regulatory sanctions may fall outside its core protection, although the line between punishment and non-punitive measures can matter in some cases.

Key facts

  • Double jeopardy prevents repeated criminal prosecution or punishment for the same offence after a final acquittal or conviction.
  • In the United States, it is protected by the Fifth Amendment and applies to both federal and state courts.
  • In Canada, section 11(h) of the Canadian Charter of Rights and Freedoms provides similar protection, and the Kienapple principle helps prevent multiple convictions for the same underlying offence.
  • The principle primarily applies to criminal law and does not automatically bar all civil or administrative sanctions.
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Canadian context

In Canada, double jeopardy is a constitutional protection under section 11(h) of the Canadian Charter of Rights and Freedoms, and Canadian courts also apply related doctrines such as Kienapple to prevent multiple convictions for the same underlying offence.[2]

Frequently asked questions

What is double jeopardy?
It is a rule that prevents a person from being tried or punished more than once for the same offence after a final acquittal or conviction.
Does double jeopardy apply in the United States?
Yes. It is protected by the Fifth Amendment and applies in both federal and state courts.
Does double jeopardy apply in Canada?
Yes. Section 11(h) of the Canadian Charter protects against double jeopardy, and Canadian law also recognizes related doctrines such as Kienapple.
Does it stop all later legal action?
No. It mainly applies to criminal prosecution and punishment, not necessarily to civil or administrative proceedings.
Can someone be tried again after an acquittal?
Generally no, if the later case is for the same offence and the first result was final.
Why does the rule exist?
It promotes finality and protects individuals from repeated attempts by the state to secure a conviction for the same conduct.

References

  1. Legal Information Institute, Cornell Law School — https://www.law.cornell.edu/wex/double_jeopardy
    Supports: U.S. definition, Fifth Amendment basis, incorporation to state governments, criminal nature of the protection
  2. Department of Justice Canada — https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art11h.html
    Supports: Canadian section 11(h) protection, purpose, final acquittal/conviction rule, Kienapple principle
  3. legislation.gov.uk — https://www.legislation.gov.uk/ukpga/1983/30/section/54
    Supports: Not used; no UK rule included in final facts
  4. Library of Congress, Constitution Annotated — https://constitution.congress.gov/browse/essay/amdt5-3-1/ALDE_00000858/
    Supports: Text and interpretation of the U.S. Double Jeopardy Clause, scope and punishment-related limits