What is the remedy for a violation of a defendant's Fifth Amendment double jeopardy right?

California, United States of America

The following excerpt is from People v. Batts, 134 Cal.Rptr.2d 67, 30 Cal.4th 660, 68 P.3d 357 (Cal. 2003):

The remedy for a violation of a defendant's Fifth Amendment double jeopardy right is strong medicinedismissal of the charges and a permanent bar to retrial. (Burks v. United States (1978) 437 U.S. 1, 11, fn. 6, 98 S.Ct. 2141, 57 L.Ed.2d 1.) Over the years, the high court has developed case law defining the circumstances in which a claim to such a remedy may be raised, and the standards for establishing a double jeopardy violation.

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