The principle of res judicata as applied to civil litigation is very familiar. Likewise well known in the field of criminal law is the doctrine of former jeopardy It is apparent, however, from an examination of decisions in criminal cases, that aside from the very restricted field of former jeopardy, the application of the general doctrine of res judicata to criminal litigation is not generally appreciated and applied. The doctrine of former jeopardy is of course applicable only where the two offenses are identical, and cannot be invoked if the offenses are distinct, even in cases where the same facts give rise to two or more criminal offenses. With the present tendency to multiply statutory regulations and penalties, there is a consequent increase of scope for the application of res judicata as distinguished from former jeopardy
W. G. McLaren,
The Doctrine of Res Judicata as Applied to the Trial of Criminal Cases,
10 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol10/iss4/3