Utah Special Function Officer (SFO) Practice Exam

Which constitutional amendment protects against double jeopardy?

1. 4th Amendment

2. 5th Amendment

3. 6th Amendment

4. 8th Amendment

The correct answer is: 5th Amendment

The 5th Amendment to the United States Constitution specifically includes a provision that protects individuals from being tried twice for the same offense, a concept known as double jeopardy. This amendment is a critical component of the legal principle that once a person has been acquitted or convicted of a crime, they cannot be subjected to a new trial on the same charges. This protection helps to ensure the finality of legal proceedings and prevents the government from repeatedly prosecuting individuals in an attempt to obtain a conviction. It underscores the importance of due process and the rights of the accused in the judicial system. In contrast, the 4th Amendment addresses issues related to unreasonable searches and seizures, the 6th Amendment guarantees the rights of criminal defendants, including the right to a speedy trial and legal counsel, and the 8th Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments. However, none of these amendments deal with the principle of double jeopardy as specifically as the 5th Amendment does.