Double jeopardy is prohibited for being tried twice for the same offense. Which constitutional sources prohibit this?

Double jeopardy is prohibited for being tried twice for the same offense. Which constitutional sources prohibit this?

• A. U.S. Constitution only
• B. Kentucky Constitution only
• C. Neither Constitution
• D. U.S. Constitution and Kentucky Constitution

Answer: (D)

The key idea is that being tried twice for the same offense is barred by protections in both the federal and Kentucky constitutions. The federal source is the Double Jeopardy Clause of the Fifth Amendment, which says no person shall be put in jeopardy twice for the same offense. Because of the Fourteenth Amendment’s Due Process Clause, that federal protection also applies to state governments, including Kentucky. In addition, Kentucky has its own double jeopardy protection in its state constitution, provided in its Bill of Rights, which similarly bars being tried twice for the same offense under Kentucky law. Because both constitutional sources affirm this protection, the prohibition comes from both the U.S. Constitution and the Kentucky Constitution.

The key idea is that being tried twice for the same offense is barred by protections in both the federal and Kentucky constitutions. The federal source is the Double Jeopardy Clause of the Fifth Amendment, which says no person shall be put in jeopardy twice for the same offense. Because of the Fourteenth Amendment’s Due Process Clause, that federal protection also applies to state governments, including Kentucky.

In addition, Kentucky has its own double jeopardy protection in its state constitution, provided in its Bill of Rights, which similarly bars being tried twice for the same offense under Kentucky law. Because both constitutional sources affirm this protection, the prohibition comes from both the U.S. Constitution and the Kentucky Constitution.