Why isn't Gideon's second trial double jeopardy?

Answer 1

Double Jeopardy did not attach to the retrial in Gideon's retrial because it is a long standing ruling that double jeopardy does not apply to a retrial when the initial conviction has been overturned on appeal unless a retrial in and of itself would constitute an evil the clause was meant to prohibit.

The law on this subject is not cut and dried as there are examples where after a successful appeal of either a conviction or even acquittal, a retrial is permitted despite the seeming contradiction to the double jeopardy rule. United States v. Ball, 163 U.S. 662 (1896), citing the English common law precedent Vaux's Case, 4 Coke, 44.

There is no single reason for this. One is that although double jeopardy attaches before judgment, double jeopardy applies only to final judgments, yet even this rule has its exceptions.

Another reason historically is the wording of this provision had been ''No person shall be subject, except in cases of impeachment, to more than one punishment or trial for the same offense.'' This language was changed to eliminate the word "trial" for fear that a reersal on appeal of a guilty verdict would unnecessarily free a guilty party. In addition, it was felt that for the protection of defendants, appellate courts would not set aside convictions for that reason. Thus, reversals of unfair convictions might not be made. The wording that now appears refers only to punishment as opposed to punishment and trial.