High Court Considers Double Jeopardy NPR's Nina Totenberg previews the arguments in the capital punishment case the US Supreme Court hears today. The Justices will consider whether the double jeopardy clause of the Constitution applies to the penalty phase of a capital trial. In his first trial, the defendant in today's case was convicted of murder and sentenced to life in prison. On appeal, he was re-tried, convicted again, and sentenced to death. His lawyers argue that the ban on double jeopardy should have prevented the second jury from even considering the death penalty.