By Shana, Brett, James, Trevor, and Paul

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• By Shana, Brett, James, Trevor, and Paul

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(No Transcript)
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Definition

• It is prohibited by the U.S Constitution to be
  tried twice for the same crime after the verdict
  has been reached.

 
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• On the other hand, a punishment can be increased
  after the first sentencing, unless the persons
  have already begun their imprisonment.
• Also, mistrials are usually not covered by double
  jeopardy. However, if a judge dismisses a case
  without a ruling, the defendant can be retried.

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Palko v. Connecticut

• Frank Palko was charged with first degree murder
  but was convicted of second degree murder. The
  state of Connecticut appealed, and Palko was
  convicted of first degree murder and sentenced to
  death.

• The supreme court upheld the second decision
  because they did not consider that protection
  against double jeopardy was a fundamental right.

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U.S. v. Ursery

• In 1992 Guy Jerome Urserys marijuana farm was
  raided, and Ursery was arrested and forced to pay
  13,250 in a consent agreement with the
  government.
• He was later convicted and found guilty in court.

• Ursery appealed his case on the grounds of double
  jeopardy.
• The Appeals court found that his conviction
  violated the double jeopardy clause because he
  had already been punished for his crime through
  his earlier forfeiture.

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Bibliography

• http//www.ndsn.org/feb96/forfeit.html
• http//www.oyez.org/oyez/resource/case/293/
• http//en.wikipedia.org/wiki/Fifth_Amendment_to_th
  e_United_States_Constitution
• www.unitedstreaming.com