"…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb…"
—Fifth Amendment to the United States Constitution

The quote above shows how the Bill of Rights prevents someone from being tried twice in a criminal court for the same exact crime, also known as double jeopardy. However, someone can be tried in both civil and criminal court for the same alleged actions. Is this fair? Why or why not?

Question

"…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb…"
—Fifth Amendment to the United States Constitution

The quote above shows how the Bill of Rights prevents someone from being tried twice in a criminal court for the same exact crime, also known as double jeopardy. However, someone can be tried in both civil and criminal court for the same alleged actions. Is this fair? Why or why not?

anonymous · Answer

Think about who comes to each court, the standard of evidence required in each court, and the possible penalties in each court. 

One example would be the OJ Simpson cases. He was found not guilty in criminal court, but was found liable for their deaths in a civil suit brought by the victims' families.

One more hint: in the criminal case, Simpson was not required to take the stand because of the 5th amendment. In the civil suit, he had to take the stand (although he could choose not to incriminate himself with his answers).