Police Sergeant Practice Exam

What constitutes an exception to the protection against double jeopardy?

1. Being tried again for the same crime in a different state

2. Being tried separately for federal and state statutes for the same act

3. Being retried due to new evidence

4. Being tried for a different crime related to the first

The correct answer is: Being tried separately for federal and state statutes for the same act

The correct answer is that being tried separately for federal and state statutes for the same act constitutes an exception to the protection against double jeopardy. The Double Jeopardy Clause of the Fifth Amendment provides that no person shall be "subject for the same offense to be twice put in jeopardy of life or limb." However, the U.S. legal system recognizes a distinction between state and federal jurisdictions. This means that an individual can face both federal and state charges for the same act, as they are considered separate sovereigns. Each government can enforce its own laws independently, and as such, prosecuting someone in both courts does not violate the double jeopardy clause. Other options create different scenarios that may not apply under the same legal understanding. For instance, being tried again for the same crime in a different state could seem similar but is typically contingent upon jurisdictional boundaries and the principle of separate sovereigns. Retrials due to new evidence would generally pertain to procedural rules rather than double jeopardy considerations. Finally, being tried for a different crime related to the first typically involves charges that are distinct and, therefore, do not implicate double jeopardy since they stem from a different offense.