jeopardy

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Jeopardy

Danger; hazard; peril. In a criminal action, the danger of conviction and punishment confronting the defendant.

A person is in jeopardy when he or she is placed on trial before a court of competent jurisdiction upon an indictment or information sufficient in form and substance to uphold a conviction, and a jury is charged or sworn. Jeopardy attaches after a valid indictment is found and a petit jury is sworn to try the case.

Cross-references

Double Jeopardy.

jeopardy

n. peril, particularly danger of being charged with or convicted of a particular crime. The U. S. Constitution guarantees in the Fifth Amendment that no one can "be put in jeopardy of life or limb" for the same offense. Thus, once a person as been acquitted, he/she may not be charged again for that crime. However, if there was mistrial, hung jury, or reversal of conviction on appeal (if not declared innocent in the ruling), the defendant may be charged with the crime again and tried again. In a few situations a defendant is not "in jeopardy" of being tried for a violation of a similar (but different) federal criminal (penal) statute based on some of the same circumstances as a state prosecution, such as violation of a murder victim's civil rights, as was done in the case against the killer of civil rights leader Medgar Evers. (See: double jeopardy)

jeopardy

see DOUBLE JEOPARDY.

JEOPARDY. Peril, danger. 2. This is the meaning attached to this word used in the act establishing and regulating the post office department. The words of the act are, "or if, in effecting such robbery of the mail the first time, the offender shall wound the person having the custody thereof, or put his life in jeopardy by the use of dangerous weapons, such offender shall suffer death." 3 Story's L. U. S. 1992. Vide Baldw. R. 93-95.
     3. The constitution declares that no person shall "for the same offence, be twice put in jeopardy of life and limb." The meaning of this is, that the party shall, not be tried a second time for the same offence after he has once been convicted or acquitted of the offence charged, by the verdict of a jury, and judgment has passed thereon for or against him; but it does not mean that he shall not be tried for the offence, if the jury have been discharged from necessity or by consent, without giving any verdict; or, if having given a verdict, judgment has been arrested upon it, or a new trial has been granted in his favor; for, in such a case, his life and limb cannot judicially be said to have been put in jeopardy. 4 Wash. C. C. R. 410; 9 Wheat. R. 579; 6 Serg. & Rawle, 577; 3. Rawle, R. 498; 3 Story on the Const. Sec. 1781. Vide 2 Sumn. R. 19. This great privilege is secured by the common law. Hawk. P. C., B. 2, 35; 4 Bl. Com. 335.
     4. This was the Roman law, from which it has been probably engrafted upon the common law. Vide Merl. Rep. art. Non bis in idem. Qui de crimine publico accusationem deductus est, says the Code, 9, 2, 9, ab alio super eodem crimine deferri non potest. Vide article Non bis in idem.

References in periodicals archive ?
Franchot's office, in documents provided to legislative analysts, argue that a reduction in the enforcement efficacy tied to moving field enforcement to a new agency could jeopardize those annual payouts.
We reject any attempts that would jeopardize the security, stability and peaceful coexistence in the Kurdistan Region," said the statement.
Paying the media also jeopardizes their important role as unbiased observers in society.
Navy intervened in March 1999, saying the normal discovery process would jeopardize its right under Reynolds to keep the invention's uses secret.
Concerned that a legal ruling could jeopardize tax incentives that benefit manufacturers, Congress introduced legislation that preserves the right of states to offer economic development tax incentives that encourage businesses to expand or relocate to their state.
warning that it would jeopardize its part in the U.S.-Central American Free Trade Agreement, or CAFTA, that also includes Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua.
His most important individual contribution to the opposition was his warning to the princes that unless they could ensure the safety of the innocent, they must halt the further prosecution of suspected witches or jeopardize their own salvation.
As much as you may want to pay for your children's college educations, no single mother should jeopardize her own future to do so.
Bruce Staines, mine manager of Superior Aggregates, stopped short of saying whether a full assessment would jeopardize his Wawa-based company's plans to blast and crush 1,000 tonnes of trap rock per day, but added a long, drawn-out process would "certainly damage the chances of the operation being profitable."
It also notes that the rise in children's soft drink consumption is leading to less milk consumption, which could jeopardize the formation of maximal
Tauzin (R-LA) and Edward Markey (D-MA), principal sponsors of the TREAD act, wrote a letter to the NHTSA raising concerns that the ruling "may jeopardize safety by allowing tires on vehicles to reach an unsafe condition before a motorist is warned." There have been articles favorable to the RMA's position in most of the nation's leading papers, and the American Automobile Association urged the NHTSA to take seriously the concerns raised by the tiremakers.
We Greens support the Palestinians and the Israelis who refuse to jeopardize the future, such as the members of the Peace Israeli and Palestinian Coalition and others who fight for the recognition of the national rights of the Palestinian people and the creation of an independent Palestinian state with Jerusalem East as capital, who fight for a durable peace between the two states of Israel and Palestine, based upon justice, security and reciprocity.