If someone receives a pardon and is later sued, does that constitute double jeopardy?doublejeopardy is a right that prohibits someone will not be suied for the same case.

3 Answers

pohnpei397's profile pic

pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted on

You do not mention what country's laws you are asking about.  In the United States, at least, double jeopardy applies only to criminal procedures and not to lawsuits.  Under such reasoning, a person could be sued after having already been acquitted in a case or pardoned.

As the following statement from the site I have linked to says

There are, however, things that a pardon cannot cover. The first and most obvious is impeachment, since it is specifically excepted in the Constitution. Civil liability cannot be excused — a harm against another can still be considered a harm even if there is no longer any criminal liability.

So a pardon only removes a person's criminal liability for their acts.

Double jeopardy only refers to being tried criminally for a specific crime after you have already been acquitted (or pardoned) of that same crime.

william1941's profile pic

william1941 | College Teacher | (Level 3) Valedictorian

Posted on

The double jeopardy principle was put in place as part of the Fifth Amendment. It's objective was mainly to avoid people from being harassed and being punished repeatedly for the same offence.

The principle of double jeopardy applies in three cases and protects people from being tried for the same crime after an acquittal, being retried after they have been convicted unless the conviction was reversed or nullified and being punished more than once for the same offence.

In your question the person has been acquitted once, hence he cannot be put on trial for the same offence again.

carlabibiana's profile pic

carlabibiana | Student, Undergraduate | (Level 1) eNoter

Posted on

Hello. From my understanding...You have to read the conditions of the pardon and see if it can be "over-ruled". If the person has been declared "not guilty",  he or she cannot be on trial under the same charged (= person (author and victim) = crime).