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Double Jeopardy and Its Application to Broken Plea Agreements

Abstract

The double jeopardy clause of the fifth amendment states that no individual shall be put in jeopardy twice for the same crime. The concept of double jeopardy dates back at least 2,000 years. Despite its long history, the application of the double jeopardy clause constantly changes. In fact, courts often find occasion to develop exceptions to this doctrine.

One of the most recent exceptions involves plea agreements and their relationship with the double jeopardy clause. The plea bargaining system has emerged in recent years as a very useful tool for prosecutors and defendants. Plea agreements allow early disposition of cases without resorting to costly trials which can place great burdens on the courts.

This Note examines the principles behind the double jeopardy clause and plea agreements. Additionally, it explores the effect of a broken plea agreement on a defendant's right to be free from double jeopardy and the implications of that effect.

How to Cite

31 Ariz. L. Rev. 127 (1989)

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Authors

Eric S. Baker (University of Arizona)

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