Double jeopardy is a legal principle preventing a person from being tried more than once for the same criminal offense. This protection shields individuals from the stress and expense of repeated government attempts to secure a conviction. It ensures finality in the justice system, meaning that once a case concludes with a verdict, the matter is considered settled.
The Constitutional Basis of Double Jeopardy in New Mexico
The right against double jeopardy in New Mexico is anchored in both federal and state law. The Fifth Amendment to the U.S. Constitution contains the Double Jeopardy Clause, which states that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.”1U.S. Constitution | US Law | LII / Legal Information Institute. Fifth Amendment This federal protection applies to all states, including New Mexico, through the Fourteenth Amendment, as clarified in the Supreme Court case Benton v. Maryland.2Justia U.S. Supreme Court Center. Benton v. Maryland | 395 U.S. 784 (1969)
New Mexico provides its own layer of protection through Article II, Section 15 of the New Mexico Constitution.3New Mexico Constitution :: Justia. New Mexico Constitution Article II § 15 – Self-incrimination; double jeopardy. This dual foundation provides three distinct protections for any person accused of a crime.
These protections prevent an individual from being prosecuted again for the same crime after an acquittal. It also stops a second prosecution for the same offense after a person has already been convicted. Finally, it protects against receiving multiple punishments for a single proven offense in the same case.
When Jeopardy Attaches in a Criminal Proceeding
The protection against double jeopardy does not begin at the moment of an arrest or when charges are filed. Instead, it “attaches,” or becomes effective, at a specific point in the criminal justice process.
In a jury trial, jeopardy attaches as soon as the jury is empaneled and sworn in. Once the full jury has taken its oath, the defendant is officially in jeopardy.
For a bench trial, where a judge decides the case without a jury, the protection begins when the first witness is sworn in and the court starts to hear evidence. If a defendant chooses to plead guilty, jeopardy attaches when the court formally accepts that plea. Any dismissal of charges before jeopardy attaches does not prevent the prosecution from refiling them later.
Common Exceptions to Double Jeopardy Protection
While the protection against double jeopardy is strong, several established exceptions allow for a retrial or subsequent prosecution.
- Mistrials. If a trial is terminated before a verdict because of a “manifest necessity,” such as a deadlocked or “hung” jury, the prosecution is permitted to retry the defendant. A retrial is also allowed if the mistrial is requested or consented to by the defendant.
- The “Separate Sovereigns” Doctrine. The federal government and state governments are distinct sovereign entities. Therefore, a single criminal act that violates both federal and state laws can be prosecuted by each government separately without violating double jeopardy.
- Pre-Trial Appeals. The state may appeal certain pre-trial rulings made by a judge. If a judge dismisses an indictment based on a legal error before jeopardy attaches and an appellate court overturns the dismissal, the prosecution can proceed with the case.
- Civil or Administrative Actions. The protection applies only to criminal proceedings. A person can face both a criminal trial and a separate civil action, such as a wrongful death lawsuit, arising from the same incident. Similarly, administrative actions, like the revocation of a professional license, are not barred by a prior criminal acquittal.
The Same Offense Test in Double Jeopardy Analysis
To determine if a new charge is for the “same offense” as a previous one, New Mexico courts use the “same-elements” test. This standard was established in the U.S. Supreme Court case Blockburger v. United States.4Justia U.S. Supreme Court Center. Blockburger v. United States | 284 U.S. 299 (1932)
The Blockburger test examines the statutory elements of each crime. It provides that if each offense contains at least one element that the other does not, they are not considered the “same offense,” and a person can be prosecuted for both. The focus is on the legal components of the crimes, not the evidence presented.
For example, imagine a person is prosecuted for robbery, which requires proving the taking of property by force. If that person is later charged with assault with a deadly weapon for using a gun during the robbery, a court would apply the same-elements test. Since robbery does not require a deadly weapon and assault with a deadly weapon does not require a taking of property, each offense has a unique element and would be considered separate offenses.