FOCL Practice Test

From which amendment does the prohibition against double jeopardy derive?

1. The First Amendment

2. The Fourth Amendment

3. The Fifth Amendment

4. The Sixth Amendment

The correct answer is: The Fifth Amendment

The prohibition against double jeopardy comes from the Fifth Amendment of the United States Constitution. This amendment provides several important legal protections, and one of its key components is the guarantee that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." This means that once an individual has been tried for a crime and acquitted or convicted, they cannot be tried again for the same offense by the same governmental entity. This protection is vital in ensuring fairness in the legal system and preventing the state from repeatedly prosecuting an individual in hopes of obtaining a different verdict. The concept is rooted in the idea of legal finality and is a fundamental principle that helps to protect against government abuse of power. While the other amendments mentioned have distinct protections—such as the First Amendment, which protects freedoms of speech and religion; the Fourth Amendment, which guards against unreasonable searches and seizures; and the Sixth Amendment, which ensures the rights to a fair trial and legal counsel—they do not specifically address the issue of double jeopardy. Therefore, the correct answer, derived from the Fifth Amendment, highlights this crucial aspect of legal rights against retrial for the same crime.