Double Jeopardy Prevents Conviction For Criminal Threats Involving Rottweiler
The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution is often a purely academic concept taught in law school, but never having any application once one leaves the ivory towers of academia.
In fact, the author of this case can count only one case in fourteen years of practice wherein this concept barred prosecution and a dismissal happily was ordered.
The Double Jeopardy Clause, in practical terms, forbids a second trial to allow the prosecution a second, redundant opportunity to supply evidence which it failed to introduce in the first trial. In other words, the prosecution cannot make repeated attempts to convict an individual for an alleged offense if it fails to do so on its original attempt.
Dale Wensigner was charged with two counts of assault by means of force likely to produce great bodily injury (Penal Code
