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Written by attorneys · grounded in primary & secondary sources — see below
A Latin term meaning twice. In criminal procedure it appears in the maxim prohibiting bis vexari, the principle that no person should be placed twice in jeopardy for the same offense.
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Brandon Bell is tried for robbery in federal court. After the jury is empaneled the judge declares a mistrial over defense objection. The government then attempts a second trial on identical charges. The successive prosecution places him twice in jeopardy, violating the incorporated protection against retrial after jeopardy has attached.
Bernard Bass is tried in state court for burglary and acquitted. The state then charges him again on identical evidence. The second prosecution places him twice in jeopardy, violating the incorporated protection against successive trials for the same offense.
Bradley Banks is acquitted of robbing one victim in a group incident. The state later prosecutes him for robbing a second victim from the same event. Collateral estoppel prevents relitigation of the issue already decided in his favor, barring the successive prosecution.
Brittany Bell is acquitted in civilian court of sabotage charges. Federal authorities then convene a military commission to try her on the same acts. The second proceeding subjects her to jeopardy a second time for the identical offense.
It means twice and appears in the maxim against bis vexari, which bars successive prosecutions for the same offense.
Supporting sources
When a prior acquittal necessarily decided an issue of fact in the defendant's favor, the bis protection prevents relitigation of that issue in a later prosecution.
Supporting sources
Yes. A prior acquittal in civilian court can bar a subsequent military proceeding on the same facts under the double jeopardy principle.
Supporting sources
…of the prisoner. Under petitioners' scheme, qualified personnel would employ monitoring equipment, such as a Bispectral Index (BIS) monitor, blood pressure cuff, or EKG to verify that a prisoner has achieved sufficient unconsciousness before injecting the final two drugs. The visual inspection performed by the warden…