Does the double jeopardy clause in the Fifth Amendment apply to a defendant who has been charged twice for the same crime?
California, United States of America
The following excerpt is from The People v. Dovichi, C060589, No. SF105178A (Cal. App. 2010):
The double jeopardy clause of the Fifth Amendment prohibits a person from being prosecuted twice for the same offense or any included offense. The test is whether each offense contains an element the other does not. (People v. Kelley (1997) 52 Cal.App.4th 568, 576.) Defendant has been prosecuted for one offense once, not twice; the double jeopardy clause does not apply.
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