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jeopardy

jeopardy, in law, condition of a person charged with a crime and thus in danger of punishment. At common law a defendant could be exposed to jeopardy for the same offense only once; exposing a person twice is known as double jeopardy. Double jeopardy is prohibited in federal and state courts by the Fifth and Fourteenth Amendments to the U.S. Constitution. The concept refers to an offense, not to an act giving rise to an offense; therefore, it is possible to try a person for multiple violations arising from a single act (e.g., assault, attempted murder, and carrying a deadly weapon). Jeopardy does not exist until the jury is sworn in, or, if there is no jury, until evidence is introduced. The prohibition of double jeopardy does not preclude a second trial if the first court lacked jurisdiction (authority), if there was error in the proceedings, or if the jury could not reach a verdict. A similar principle, known as res judicata, operates in civil suits. It holds that once a civil case has been finally decided on the merits the same parties can not litigate it again. In England and Wales, revisions to criminal law that took effect in 2005 now permit the Court of Appeal to order a person acquitted of a crime to be retried if there is "new and compelling" evidence.

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Jeopardy

JEOPARDY

Danger; hazard; peril. In a criminal action, the danger of conviction and punishment confronting the defendant.

A person is in jeopardy when he or she is placed on trial before a court of competent jurisdiction upon an indictment or information sufficient in form and substance to uphold a conviction, and a jury is charged or sworn. Jeopardy attaches after a valid indictment is found and a petit jury is sworn to try the case.

cross-references

Double Jeopardy.

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jeopardy

jeopardy †chess problem; †(even) chance; risk of injury or death. XIV. — OF. iu (ieu, giu) parti ‘divided play’, even game, (hence) uncertain chance, uncertainty ( = medL. jocus partītus, i.e. jocus game, JOKE, partītus, pp. of partīrī divide, PART).
Hence jeopardize XVII.

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jeopardy

jeop·ard·y / ˈjepərdē/ • n. danger of loss, harm, or failure: Michael's job was not in jeopardy. ∎  Law danger arising from being on trial for a criminal offense.

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jeopardy

jeopardybody, embody, Irrawaddy, Kirkcaldy, noddy, Passamaquoddy, shoddy, Soddy, squaddie, toddy, wadi •secondi, spondee, tondi •anybody • everybody • busybody •dogsbody • homebody •bawdy, gaudy, Geordie, Lordy •baldy, Garibaldi, Grimaldi •Maundy •cloudy, dowdy, Gaudí, howdy, rowdy, Saudi •Jodie, roadie, toady, tody •Goldie, mouldy (US moldy), oldie •broody, foodie, Judy, moody, Rudi, Trudy, Yehudi •goody, hoodie, woody •Burundi, Kirundi, Mappa Mundi •Rushdie •bloody, buddy, cruddy, cuddy, muddy, nuddy, ruddy, study •barramundi, bassi profundi, Lundy, undy •fuddy-duddy • understudy •Lombardy • nobody • somebody •organdie (US organdy) • burgundy •Arcady •chickadee, Picardy •malady • melody • Lollardy •psalmody • Normandy • threnody •hymnody • jeopardy • chiropody •parody • rhapsody • prosody •bastardy • custody •birdie, curdy, hurdy-gurdy, nerdy, sturdy, vinho verde, wordy •olde worlde

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