Doctrine Of Double Jeopardy

Mitali, LLM (Constitutional and Administrative Law), School of Law (Christ Deemed to be University)

ABSTRACT

The doctrine of double jeopardy, also known as "non bis in idem," is a fundamental legal principle that prohibits a person from being tried or punished for the same offense more than once. This legal principle stems from the Fifth Amendment to the United States Constitution, which states that no one shall face "double jeopardy."The doctrine protects individuals from government harassment or repeated prosecutions or punishments for the same crime. It also prohibits the government from using multiple trials or punishments as a form of punishment or retribution.

The principle of double jeopardy has been the subject of numerous legal debates and controversies over the years, with some arguing that it limits the government's ability to prosecute serious criminals. Others, however, argue that the doctrine is a fundamental safeguard of individual rights and liberties, as well as a necessary component of a fair and just legal system.

Overall, the doctrine of double jeopardy is still an important part of the American legal system, protecting individuals from unjust and unnecessary legal action by the government.

Keywords: Article 20, Double Jeopardy