Timelines
Protection Against Double Jeopardy

  • 1784
    N.H. Constitution Adds First Double Jeopardy Clause

  • 1791
    Fifth Amendment Ratified

  • 1889
    2nd Trial For Same Conduct Violates Double Jeopardy Clause

  • 1922
    Federal, State Trials For Same Crime Is Constitutional

  • 1932
    Multiple Prosecutions Allowed For Crimes Arising From Single Act

  • 1937
    Double Jeopardy Clause Does Not Apply To States

  • 1958
    Multiple Sentences Allowed For Multiple Convictions

  • 1969
    Court Rules Double Jeopardy Also Applies To State Trials

  • 1978
    Prosecution Gets One Chance At Conviction
    2nd Trial Allowed If Charges Dismissed In Midtrial

  • 1980
    Court Limits When Multiple Punishments Allowed For Single Act

  • 1984
    Defendant’s Request For New Trial Does Not Trigger Double Jeopardy

  • 1989
    Double Jeopardy Clause May Bar Civil Suit For Actions Already Criminally Prosecuted

  • 1990
    Multiple Prosecutions Cannot Arise From Single Act If Based On 'Same Conduct'

  • 1992
    Prosecution For Conspiracy To Commit Crime And For Crime Itself Is Upheld

  • 1993
    Court Overrules 'Same Conduct' Test

  • 1994
    Special Marijuana Tax Violates Double Jeopardy Clause

  • 1997
    Civil Penalty Does Not Bar Criminal Prosecution Based On Same Acts

  • 2003
    Death Sentence Imposed After Retrial Does Not Violate Double Jeopardy Provision

  • 2004
    Double Jeopardy Claims Do Not Apply To Tribal Court Cases