CLU3M Practice Exam

Question: 1 / 400

What term is used for an overarching protection against retrial for the same crime?

Double Jeopardy

The term that refers to an overarching protection against retrial for the same crime is known as double jeopardy. This legal principle ensures that once a person has been tried for a crime and acquitted or convicted, they cannot be tried again for the same offense. This protection is integral to the justice system, embodying the idea that no individual should face the uncertainty and harassment of multiple trials for the same alleged crime.

Double jeopardy serves to uphold the finality of verdicts, promote judicial efficiency, and protect individuals from the emotional and financial toll of repeated legal proceedings. The principle is enshrined in many legal systems, including the jurisprudence found in the Fifth Amendment to the United States Constitution, which provides a clear safeguard against being tried multiple times for the same charge.

In contrast, the other options, such as judicial review, refer to the ability of courts to evaluate the laws and actions of legislative and executive branches to ensure they comply with the constitution. Legitimate expectation relates to administrative law, ensuring that people can expect fairness in decision-making. Precedent refers to previous court decisions that influence future cases, but it does not pertain to the concept of avoiding retrials. This understanding clarifies why double jeopardy distinctly encapsulates

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Judicial Review

Legitimate Expectation

Precedent

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