Questions and Answers
1. What does “double jeopardy” mean and when does it attach?
The term “double jeopardy” comes from a constitutional right enshrined in the Fifth Amendment. It provides that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” Simply stated, it means that one cannot be prosecuted or tried twice for the same crime. Under the Fifth Amendment, double jeopardy attaches at different points depending on the type of legal proceeding. In a jury trial, it attaches when the jury is empaneled and sworn in. In a bench trial (heard only by a judge), it attaches when the first witness is sworn in.
2. Is there a constitutional right to travel?
The Supreme Court has recognized that the right to travel freely between the states is protected under the constitution. While not mentioned expressly in the constitution, the Court has found that it is a fundamental right of citizenship protected under the Fourteenth Amendment.
3. What is the “Titles and Nobility Clause?”
Found in Article I, Section 9 of the constitution, this clause prevents any person holding a federal office from accepting gifts, titles, or emoluments from a foreign state without the consent of Congress.
—Larry L. Crain, Crain Law Group, PLLC
crainlaw.legal, 615-376-2600
