Resolution criteria

• Resolves YES if, by 11:59:59 pm Eastern Time on December 31, 2034, either:

  • A U.S. constitutional amendment repealing or nullifying the Double Jeopardy protection is ratified and officially certified/published by the National Archives (Archivist) per 1 U.S.C. § 106b. Verify via the National Archives’ amendment page and/or the Federal Register publication. (archives.gov)

  • The U.S. Supreme Court issues a majority opinion holding that the Fifth Amendment does not bar a second criminal prosecution by the same sovereign after a final judgment (i.e., permits retrial after acquittal or conviction nationwide), thereby abrogating the core Double Jeopardy rule. Verify via the Supreme Court’s official opinions page. (supremecourt.gov)

  • The Constitution is no longer legally in effect in the U.S. and no other provision against double jeopardy takes legal precedence

• Resolves NO otherwise.

• Clarifications: Limited carve‑outs (e.g., “new evidence” exceptions), statutes without constitutional authority, or changes only affecting the separate‑sovereigns doctrine do not count as “abolishing” Double Jeopardy. This market concerns criminal prosecutions, not civil/administrative penalties. (supreme.justia.com)

Background

• The Double Jeopardy Clause of the Fifth Amendment states that no person shall “be twice put in jeopardy of life or limb” for the same offense; it bars retrial after acquittal and multiple prosecutions for the same offense by the same sovereign. (constitution.congress.gov)

• The Supreme Court reaffirmed the “separate sovereigns” (dual‑sovereignty) doctrine in Gamble v. United States (2019), allowing separate state and federal prosecutions for the same conduct because they are distinct offenses of different sovereigns. (supreme.justia.com)

• In 2024, the Court unanimously held that an acquittal—even if inconsistent with other verdicts, such as guilt—bars retrial, emphasizing the current rule’s strength. (constitution.congress.gov)

• Constitutional amendments become valid upon ratification by three‑fourths of the states; the Archivist then certifies and publishes the amendment as official notice. (archives.gov)

Considerations

• Practically, “abolition” could only occur via a ratified constitutional amendment or a sweeping Supreme Court ruling dismantling the prohibition on same‑sovereign reprosecution; a federal statute alone cannot override the Constitution. (archives.gov)

• Eliminating the separate‑sovereigns doctrine would strengthen Double Jeopardy protections; it is not “abolition” for this market. (supreme.justia.com)

• Verification will rely on: (1) National Archives certification/Federal Register for amendments; (2) the Supreme Court’s opinions page for controlling decisions (archives.gov); (3) a poll if neither are accessible by 2035.