Is this Double Jeopardy

My son was brought back from prison for a motions hearing and before he was transported back to prison a county inmate stabbed him in the leg with a pencil. His reaction was a kick, which did not make contact. He was arrained in district court on 3rd degree assult and 3rd degree assult with a deadly weapon. He was put in the hole for 21 days. On the 21st day the jail held a hearing called an in jail hearing and he was found guilty and sentented to 30 days in the hole with none of the 21 days counted. Now he has to fight this in district court and it's for the same insendent that he has already been punished for. Is this Double Jeopardy?

So you are saying that your son will have been charged twice in District Court for the same crime on the same date? Or was he punished in prison and then being charged by the DA?

No my son wasn't charged twice in District court, but was charged with different charges in the in jail hearing and punished there with 30 days in the hole. He still has the District Court to deal with in Oct. but the charges are different for the same time of event. I don't understand why they are different but they are. Thank you for your time.
rocknr2

Sounds like a jail punishment and an actually court case. This is not double jeopardy. If he was tried in a court of law twice for the same crime than it would be.

I still don't see why they have different charges from the court case and the jail punishment hearing. Shouldn't they be the same? Or can the jails to what ever they want?

Jails can do whatever they want.

The criminal justice system in this country has constitutional limitations on governmental abuse, but these limitations have been interpreted very narrowly. The protection against Double Jeopardy, for example has been limited only to restricting two trials or two punishments for EXACTLY the same crime.

For example, if someone on parole gets together with a couple of people and sells drugs, the government can try and punish them for:

1) Selling drugs,
2) Conspiracy to sell drugs,
3) Violations of parole,
4) Expand the punishment because they are a serial offender,
5) Expand the punishment for other things they cannot in a trial but that make the accused look bad,
6) And possibly other charges.

It’s all up to their discretion.

In your case, it’s worse because a prisoner has a lot fewer rights then someone who is not in the criminal justice system. Therefore they can punish him without a jury trial for violation of things he has agreed to by being a prisoner, completely separately from any trials or convictions of what he is accused of.

That’s why a good lawyer is so important. You have few rights, and with the punishments so potentially severe, it’s best to have as much firepower on your side as possible, as soon as possible.

Thank you so very much this helped me understand more about our justice system. In my eyes it's not very fair at times. Thanks again.