Double Jeopardy

Picture this, youre on outpouring for a crime, erect innocent so you receive no punishment. Now insure that similar scenario, but this epoch imagine that 10 geezerhood later so type of indicate comes about and you descend tried again for the same offense but this time found guilty and sentenced to life in prison. That seems unjust decline? Well thanks to the double jeopardy article this could never happen. What is double jeopardy or the double jeopardy article? The double risk of infection clause in the Fifth Amendment to the U. S. institution prohibits the government from prosecuting individuals more than one time for a exclusive offense and from imposing more than one punishment for a single offense. It provides that No person shall . . . be subject for the same offense to be twice designate in Jeopardy of life or limb. Most state constitutions to a fault countenance this right to defendants appearing in state court. Even in states that do not expressly guarantee this right in their laws, the protection against double jeopardy must still be afforded to criminal defendants because the Fifth Amendments Double Jeopardy Clause has been make applicable to state proceedings via the doctrine of incorporation (Hall, 1992).



In other words if youve already received punishment for a crime you cant get an additional punishment, also you cant be but on trial again for the same offense. Many people like this because if there isnt tolerable evidence the first time, then thats it, youll most likely get tried for a lesser charge or all charges might be dropped in respectable. Others dont think the double jeopardy clause is just because if the court cant find enough evidence at the time of trial then a criminal can walk away free, then when evidence actually comes about maybe months or even age later there is nothing that can be make because its just too late. So in this paper Im going to take a scene at both sides of the double jeopardy clause and why this was put in to effect, Im also going to look at different cases...If you want to get a full essay, order it on our website: Orderessay



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