12/22/2025
Double Jeopardy: vs. Legal Systems (Brief Comparison)
Double jeopardy is a fundamental legal principle that protects individuals from being tried or punished more than once for the same offense. Both the United States and Ethiopia recognize this protection, but they apply it differently.
United States Legal System
In the U.S., double jeopardy is explicitly protected under the Fifth Amendment of the Constitution.
🔹 A person may not be:
Retried after acquittal
Retried after conviction
Punished twice for the same offense
🔹Jeopardy attaches:
When the jury is sworn (jury trial)
When the first witness is sworn (bench trial)
When a guilty plea is accepted
🔹Key feature:
The U.S. applies the separate sovereigns doctrine, allowing both federal and state governments to prosecute the same conduct because they are considered independent sovereigns.
Ethiopian Legal System
In Ethiopia, protection against double jeopardy is guaranteed under Article 23 of the FDRE Constitution, which protects individuals from being tried or punished again for an offense once a final judgment has been rendered.
🔹 A person may not be:
Tried again after final acquittal or conviction by a competent court
🔹 Key feature:
Ethiopia follows a unitary sovereign system. Unlike the U.S., there is no separate sovereigns doctrine. Once a case is finally decided, no other governmental authority may reopen or retry the same offense, regardless of jurisdictional interests.
🔹 Retrial is permitted only in exceptional circumstances provided by law, such as:
Discovery of new and decisive evidence.
Serious procedural defects affecting justice.
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