Myths Of The Criminal Justice System: Part 1

Myths Of The Criminal Justice System: Part 1

"Note: In conjunction with the launch of HuffPost's Crime vertical, senior writer and criminal justice reporter Radley Balko looks at several myths and misconceptions about the criminal justice system. In this first of three installments, Balko looks at double jeopardy, enhanced sentencing and ignorance of the law.

Myth 1: You Can't Be Tried More Than Once For The Same Crime

The Fifth Amendment to the U.S. Constitution states that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." This protection against "double jeopardy" is intended to prevent the government from retrying the same defendant over and over until prosecutors can get a conviction.
But there are some exceptions. First, the protection only comes into play once a jury has convicted or acquitted a defendant. So in trials that end with a hung jury or a mistrial, the prosecution can usually bring the same charges again. One particularly egregious example is Curtis Flowers of Mississippi, who has been tried an incredible six times for the murder of four people in 1996."