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Double Jeopardy Essay

2814 words - 12 pages

DOUBLE JEOPARDY
A review of the Law

Lovetta Smith

CJUS 220 Professor Jeff Sexton October 13, 2013

INTRODUCTION

This essay will provide detailed information on the Fifth Amendment which is very important in the United States. It will explain and give understanding of the importance of the Double Jeopardy Amendment and how it is used in the system of Law. Also it will discuss case in which involved the Fifth Amendment and how it was used to protect the citizens of several cases and how the people were protected with the Fifth Amendment rule inside the system of law.

Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same charges ...view middle of the document...

(3) It protects against multiple punishments for the same offense

I. This law protects you from being charged twice for the same crime. This does not work if you do the same crime two different times.
A. For instance, if someone commits a crime that results in someone's injury and they later die from that injury because of a certain activity that they had been doing, that person cannot be tried again.

1. If a person is about to get tried for the same crime again they can try to dismiss it using double jeopardy.

2. They should not deny that person's claim because the double jeopardy law states you cannot be tried for the same crime twice, but some try to switch the indictment around and have it still stand for the same thing and try to punish you with it.

II. The double jeopardy law is the Fifth Amendment, and still is a very big situation in the Supreme Court. In the Supreme Court, a high degree of a crime in the same category includes all of the lower crimes in that category.

A. For instance, if someone commits armed robbery, since robbery is a lower offense, which is included in the charge.

1. This does not mean they can't still be charged with a lower offense.
2. They just cannot charge that person for each of those crimes twice, or over, and over again as they would be breaking the double jeopardy law, which is why it was created.

III. It is said that double jeopardy has never really set limits for the legislature. That means some do not even abide by what is the Fifth Amendment.

A. So, what this is saying is, in some cases people are sometimes are still tried for the same crime twice even though they should not be allowed to do this at all.

1. Also, a judge cannot charge a criminal with a crime that he has been charged with before even if it was terminated then.

2. When it comes down to it some legislators do not do what is right and disobey the Fifth Amendment, and some do.

Double Jeopardy is a clause within the Fifth Amendment of the United States Constitution that prohibits an individual from being tried twice for the same criminal offense. If a person murders an individual, he or she cannot be convicted twice of murder for the same offense. According to the United States Constitution of the America, Amendment V (1791) clearly states “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law. .” Double jeopardy is very complex, but there are certain principles involved that are clear in violation of one’s constitutional right not to be placed in jeopardy...

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