2.15: What is Double Jeopardy? What is "Multiplicity"?
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This article is from the Lawful Arrest/Search/Seizure FAQ, by Ahimsa Dhamapada ahimsa@mu.clarityconnect.net with numerous contributions by others.
2.15: What is Double Jeopardy? What is "Multiplicity"?
The 5th Amendment says
"nor shall any person be subject for the same
offence to be twice put in jeopardy of life or limb"
This is commonly interpreted to mean that a person
can not be tried again and again for the same offence.
This *does* happen today. People found innocent of
a criminal charge will often be tried again in civil
courts.
But there is more to it than this. There is something
which happens that Marcus Anarcus calls "Multiplicity",
which the 5th Amendment may be trying to prevent. Often a
single "offense" will become 20 separate charges. Listen
very carefully to the charges. It is very common.
o "Conspiracy to possess the thing"
o "Unlawfully soliciting an undercover agent to purchase the thing"
o "Possession of the thing with intent to do something awful"
o "Using the thing with malice or forethought"
Does it remind you of the old George Carlin routine about
all the sins produced by simply thinking about "feeling
up Ellen"? ;^)
And usually they throw some or all of these, just for
good measure:
o "Resisting Arrest"
o "Reckless Endangerment"
...or if you really piss-off the cop or judge:
o "Reckless Endangerment of a Child" (Did someone *actually* get hurt?)
o "Obstructing Justice"
o "Failure to Appear"
o "Contempt of Court"
Even if the charges *seem* different, you may wish to
consider that every "offense" which produces no injured
victim are all really multiple counts of the same thing,
the pseudo-crime of "injuring no person".
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