B.2(w). Protection from Double Jeopardy

No person may be prosecuted more than once for the same conduct.

A case must begin in the lowest level of government that has a law against the conduct, in the place where it happened. If that level chooses not to prosecute, the next level of government may do so, but only if the conduct is illegal at that level. This process may continue upward, but once any court has held a trial, no other level of government may prosecute the same conduct, even under a different law.

If a trial ends without a verdict—such as through a mistrial—it may be tried again. But if a verdict is reached, the case is final. A judge may not order a new trial simply because they disagree with the jury’s conclusion. Prosecutors must bring all charges they intend to pursue before the trial begins. If they choose not to include certain charges, or if they lose, they do not get a second chance with different charges based on the same conduct.

If the same conduct may violate both civil and criminal law, both types of cases may proceed. However, civil courts may not award punitive damages in such cases. Punishment is reserved for the criminal process.