What is the bar to double jeopardy in a criminal case?
MultiRegion, United States of America
The following excerpt is from Newton v. Superior Court of California, In and For Alameda County, 803 F.2d 1051 (9th Cir. 1986):
The fifth amendment to the United States Constitution provides in pertinent part: "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; ...." The fifth amendment's bar to double jeopardy is applicable to state proceedings by virtue of the fourteenth amendment. Benton v. Maryland, 395 U.S. 784, 794, 795-96, 89 S.Ct. 2056, 2062, 2063, 23 L.Ed.2d 707 (1969).
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