nThe Fifth Amendment to the United States Constitution embodies the principle by stating “[N]or shall any
person be subject for the same
offence to be twice put in jeopardy of life or limb.”
nThe Double Jeopardy Clause forbids a second prosecution for the same offense after a defendant has been
acquitted or even after a
nIf a defendant appeals from a conviction and prevails,
it is not double jeopardy for
the prosecution to retry the defendant,
unless the appellate court rules that there was insufficient evidence to sustain the defendant’s
nNor is it double jeopardy to retry a defendant if the
trial court, at the
defendant’s request, has declared a mistrial.
nIf, however, the government moves for a mistrial, the defendant objects, and the court grants the mistrial,
the prosecution must
establish a manifest necessity for the mistrial for a retrial to be permitted.