JEOPARDY I from OF. jeu parti, divided gan•, even chance. SIL. joeus partitus. even chance, from Lat. joens, jest. game. and purl i I us, p.p. of part ire. to divide, from pars. part; in fluenced by popular etymology with OF., Fr. feu perila, lost game). In law, peril incurred by legal process-. The fifth amendment to our Federal Constitution declares that no person shall lie subject for the same offense to he twice put in jeopardy of life or limb. A similar pro vision is found in our various state constitutions. Like most of our constitutional guarantees of protection to the individual. this is but a re enactment of a common-law rule; one which was enforceable the plea of au/re/oft acquit (q.v.). it is said that the phrase 'jeopardy of life or limb' referred orbrinally to the hazard of a party to a trial by battle (q.v.). At pres ent, however. it denotes the risk imposed upon one who is subjected to a strictly eriminal prose cution. The constitutional provision does not apply to a defendant in a civil action.
As to the question. at what stage of a criminal prosecuth n the aemised is put in jeopardy to which he shall not he subjected a second time.
the answers are not uniform. The great weight of authority supports the view that. "a person is in jeopardy when he is put upon trial. before a court of competent jurisdiction. upon an in dictment (q.v.) or information (q.v.). which is suflieient in form and substance to sustain a conviction, and a jury has been impaneled and sworn to try him." Ile then stands before the jurors as his judges, and if he is charged with a capital crime, his life is in their hands. Ac «)rdingly. if he is acquitted by them, or it thcy are discharged by the court without his consent, except in cases of extreme necessity, such as the sickness or death of a. juror, the constitutional provision applies, and he is not liable to a second prosecution. On the other hand. if the court had nu jurisdiction of tile case, or the indictment were fatally defective, or if the prisoner. after conviction, secured its reversal, the provision does not protect hint from another trial. Con sult Cooley. General Principles of Cons(tutiona/ t Boston, 1900).