In McElrath v. Georgia, decided on February 21, 2024, the Court ruled that the “Double Jeopardy Clause” of the Fifth Amendment to the United States Constitution prohibits the retrial of a criminal accusation once a jury finds the defendant “not guilty” of the crime charged. The Court indicated that the rule is absolute and applies regardless of circumstances that may lead to a judge’s award of a new trial to the prosecution. The Court’s judgment and ruling were unanimous, except for one word of limitation expressed only by Justice Alito.[1]
COMMENT: The Double Jeopardy Clause of the Fifth Amendment literally reads that “No person shall … be subject for the same offense to be twice put in jeopardy of life or limb….” The Court’s ruling here, in the context of the Constitution’s guarantees of jury trials, appears to be entirely consistent with both the letter and the spirit of the Double Jeopardy Clause and its incorporation into the 14th Amendment’s restrictions on state authority.
Dan Rhea
[1] The Court did not release the defendant from custody. If the courts of Georgia so decide on remand, they could still send defendant McElrath to prison for a life term on a separate but different homicide charge of which the jury convicted him.
RECENT RULINGS 