Alabama Constitution Section 9 - Double jeopardy; discharge of juries from cases.
Alabama Constitution – Section 9: Double Jeopardy; Discharge of Juries from Cases
Section 9 of the Alabama Constitution addresses the principle of double jeopardy and the rules concerning the discharge of juries during criminal proceedings. Here's a breakdown of its core content and meaning:
📜 Text of Section 9:
"That no person shall, for the same offense, be twice put in jeopardy of life or limb; but the courts may, for reasons fixed by law, discharge juries from the consideration of any case, and no person shall gain any advantage by reason of such discharge of the jury."
🧠 Explanation:
Double Jeopardy Protection:
A person cannot be tried more than once for the same criminal offense.
This aligns with the Fifth Amendment to the U.S. Constitution, protecting individuals from multiple prosecutions or punishments for the same act.
Discharge of Juries:
Courts are allowed to discharge juries (release them before a verdict) if justified by reasons established by law (e.g., mistrial, hung jury).
This clause permits retrial without violating double jeopardy protections if the jury was discharged lawfully.
No Unfair Advantage:
A defendant cannot exploit the jury's discharge to avoid retrial or gain immunity.
⚖️ Legal Impact:
Provides constitutional clarity in Alabama that:
Protects against unjust repeated prosecutions.
Allows for retrial when a jury is properly discharged.
Maintains fairness by preventing misuse of procedural dismissals.
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