FOCL Practice Test

Which of the following statements about the prohibition against double jeopardy is true?

1. It prevents prosecution for the same offense multiple times

2. It allows for appeals without limitations

3. It only applies to state laws

4. It is not applicable to civil cases

The correct answer is: It prevents prosecution for the same offense multiple times

The prohibition against double jeopardy is a legal principle enshrined in the Fifth Amendment of the U.S. Constitution, which specifically protects individuals from being tried or punished more than once for the same offense. This means if a person has been acquitted or convicted of a crime, they cannot be retried for that same crime, thus ensuring a finality to legal proceedings and safeguarding against the state's power to repeatedly prosecute an individual. The other statements do not accurately describe the principle. While appeals do exist in the legal system, they are not governed by the double jeopardy rule, as double jeopardy specifically addresses the occurrence of a new trial for the same offense after a verdict has already been rendered. The principle applies to all levels of government, including both state and federal laws, contradicting the assertion that it only applies to state laws. Additionally, double jeopardy pertains solely to criminal cases, distinguishing it from civil cases, where such a prohibition does not apply.