QUESTION
Is the double jeopardy clause applicable in my criminal case?
Asked on Apr 17th, 2014 on Criminal Law - Illinois
More details to this question:
I am a teacher who has been falsely accused of inappropriate contact by 3 of my former students, 1 from this year and 2 from last year. Needless to say they are all friends and because of these false allegations, I am now being charged with 3 counts of simple battery (misdemeanors) and will have to go to trial if the charges aren't dismissed. My question is, can I excerise the double jeopardy clause in my situation in the hopes of beating out 1 case (not guilty) thus not being able to be prosecuted for the other two charges of battery? I ask this because I came across a legal case somewhat similar to mine where the clause was upheld in Ashe v. Swenson where double jeopardy bars subsequent prosecution of any crime for which a defendant has already been tried or which arises out of the same course of events, suggesting that one can not be tried for two different crimes based upon the same conduct.
1 ANSWER
Criminal Law Attorney serving Naperville, IL
at
Law Office of Ken Wang
Update Your Profile
I don't believe double jeopardy will apply in your case. Double jeopardy is designed to protect you from being tried on the exact same offense. Here, you have three seperate victims, and it sounds like 3 seperate cases. Just because you are found not guilty on one case, does not imply "Jeopardy has attached" on your other two cases because you've got two different victims. The reason why Jeopardy probably does not attach is because it sounds like the contact happened at different times/locations. If it was three students who all accused you of touching them at the same party and you beat the first one, you'd have a good claim. However, that's not the same thing as three students over the course of 2 years saying you touched them inappropriately.
Of course, the danger here is even if you are found not guilty on the first one, they may be able to use the evidence from the first case to bolster the second one...and then the third one.
By your logic, I could shoot someone today, and shoot someone tomorrow. If I beat the second murder charge, I'd be unprosecutable for the first murder charge. That is incorrect. Ashe v. Swenson was related to the same incident.
Answered on Apr 21st, 2014 at 10:16 AM