Double Jeopardy; 5th Amendment

Criminal Law Update

Martinez v Illinois, __ US __; 134 S Ct ___ (2014)(may’14). The issue in this case was whether a defendant is acquitted, under the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, where a court grants a motion for directed verdict after the prosecution refuses to present any evidence at trial to the empaneled and sworn jury. SCOTUS held that a defendant’sjeopardy begins when the jury is sworn, therefore retrial is prohibited under these circumstances.