Has Roger Clemens Hit A Double? The Double Jeopardy Clause and the Clemens Mistrial

July 15, 2011
A federal judge’s order of a mistrial in the closely watched criminal trial of baseball player Roger Clemens has turned the attention of fans and legal observers to an interesting question of constitutional criminal procedure: can Clemens now be retried without violating the Fifth Amendment’s Double Jeopardy Clause?