The Double Jeopardy Clause of the Fifth Amendment embodies a historic constitutional protection for criminal defendants that provides finality to criminal proceedings. The Clause provides in pertinent part: “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.” Controversy arises when the court must determine whether the Clause applies only to mistrials or also to successful reversals of conviction, specifically those caused by prosecutorial misconduct. For the past twenty years, the United States Supreme Court and state courts have disagreed on the applicable standard to apply to such Double Jeopardy claims regarding prosecutorial misconduct. As a result, although several state courts embrace the federal standard, many have constructed their own standards when determining the protections provided by their own constitutions. . . .
