Conditions where the doctrine of double jeopardy does not apply

The double jeopardy clause’s protection may not always be applicable. The courts have evolved some principles for determining the application of double jeopardy as a valid defence, mostly through legal interpretations over history.

• Civil lawsuit: Double jeopardy is a defence that can only be used in criminal court and cannot be used in civil court. The defendant cannot defend himself against punishment in civil court for the same crime committed in criminal court. For example, if ‘A’ killed ‘B’ in a drunk and drive case, ‘B’s family can sue in both civil and criminal courts. They can sue in civil court to recover the ‘B’s financial damages. In a civil proceeding, ‘A’ cannot defend himself with double jeopardy to protect him from punishment for his crime. However, he could use double jeopardy to defend himself in criminal court.
• Jeopardy must begin: The executive authorities must first put the defendant in jeopardy before applying the double jeopardy doctrine. This requires that defendants must be tried first before claiming double jeopardy doctrine as a defence. After the trial jury is called in, jeopardy begins or attaches to the case.
• Jeopardy must end: Jeopardy must begin and conclude in the same way. To put it another way, before the double jeopardy doctrine may be utilised to prevent the defendant from being arrested and punished for the same offence, the case must come to a conclusion.  When a judge enters an acquittal judgement before submitting the matter to the jury or when the sentence has been served. When the court renders a decision, jeopardy is usually over.