Double Jeopardy And Roger Clemens

Less than two months ago, U.S. District Court Judge Reggie Walton declared a mistrial in the Roger Clemens case after the prosecutors played an inadmissible video clip to the jury. Judge Walton said the experienced prosecutors made a mistake that a "first-year law student" would not make. Judge Walton will determine whether Roger Clemens may be prosecuted again or whether he is protected by the 5th Amendment's "Double Jeopardy Clause." Clemens would be tried on the same criminal charges (perjury and obstruction of justice) and "jeopardy" had attached when the jury was impaneled and sworn in.

Generally, when a mistrial is granted in response to a defendant's motion, any double jeopardy claims are waived. However, the standard for double jeopardy, following a mistrial granted as a result of...