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Double Jeopardy in Sex Offense Cases

By Baker Associates

Most Tennesseans are familiar with the concept of double jeopardy, the principle that is found in both the United States and Tennessee Constitutions and guarantees all citizens that they cannot be put on trial twice for the same offense. While the doctrine seems simple enough, it has applications that extend far beyond what a simple reading of the constitutional language would reveal to the ordinary reader. One such application is particularly relevant in sexual offense cases, such as rape of a child, sexual abuse by an authority figure, statutory rape, etc., where the double jeopardy provisions of the state and federal constitutions often work to prevent the prosecution from charging a defendant multiple times for different stages of the same criminal act...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on November 23, 2010 (boomark / email).