What is the difference between the state and federal double jeopardy provisions?
California, United States of America
The following excerpt is from People v. Graves, 10 Cal. Daily Op. Serv. 13, 641, 118 Cal.Rptr.3d 14, 2010 Daily Journal D.A.R. 16, 335 (Cal. App. 2011):
"The purpose behind the state and federal double jeopardy provisions is the same. Like decisions interpreting the federal double jeopardy clause, '[d]ecisions under the double jeopardy clause of the California Constitution ... recognize the defendant's interest in avoiding both the stress of repeated prosecutions and the enhanced risk of erroneous conviction.' [Citation.]" ( People v. Monge (1997) 16 Cal.4th 826, 844, 66 Cal.Rptr.2d 853, 941 P.2d 1121.)
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