Double Jeopardy - 837 Words

Angela Williams Professor, Dr. Louis C. Minifield April 25, 2011 Seminar Criminal Law and Procedure CJ 501 Double Jeopardy 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 can not be convicted twice of murder for the same offense. According the United States Constitution of the America, Amendment V (1791) clearly states â€Å"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†¦show more content†¦United States, 163 U.S. 662, 16 S. Ct.1192, 41 L.Ed. 300 (1896). The same principle has been applied after conviction, in more recent years; but if a defendant appeals a conviction and succeeds, it is not double jeopardy for the prosecution to retry the defendant; unless a higher court (appellate court) rules insufficient evidence in the case to sustain the defendant’s conviction. Nor would it be double jeopardy in a case if the trial court declares a mistrial by the defendant. However, if the government moves for a mistrial and the defendant objects, and the mistrial is granted, the prosecution must establish a manifest necessity—that which is clearly a necessity or essential, in order for the retrial to be permissible. The defense of double jeopardy can be asserted by pretrial motion. It can also be asserted in any proceedings including criminal, civil, judicial, administrative, adjudicatory, and investigatory. Some states might not guarantee this right in their laws; however, because of the Fifth Amendment’s Double Jeopardy Clause, double jeopardy defense must still be afforded. There are many cases that reflect the protection of double jeopardy among many. For instances; the 1981 murder and conspiracy case against Kazuyoshi Miura became national spectacle. According to the Los Angeles Tim es, in 1994, Miura was later acquitted on his wife’s murder but not before beingShow MoreRelatedEssay on Double Jeopardy - the 5th Amendment1179 Words   |  5 PagesConstitutional Law Unit 8: Double Jeopardy Jesely Rojas July 13th, 2010 â€Å"The 5th Amendment is an old friend and a good friend, one of the great landmarks in mens struggle to be free of tyranny, to be decent and civilized.† William O. Douglas Prepare a paper analyzing why, under certain circumstances, two state trials in two different states for the murder of the same person will not violate the Double Jeopardy Clause of the U.S. Constitution.   Also, analyze why, under certain circumstancesRead MoreShould the doctrine of double jeopardy be retained or not in the Northern Territory? Double1600 Words   |  7 PagesShould the doctrine of double jeopardy be retained or not in the Northern Territory? Double Jeopardy by definition is the process that dis-allows a defendant from being tried again for a charge that he/she was legitimately acquitted or convicted of . The doctrine of double jeopardy has both advantages and dis-advantages. 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I am aware that some claims have been made today in terms of the paramount example of this genre, however I am here to convince you otherwise. It is the Bruce Beresford directed film, ‘Double Jeopardy’. Even though the initial release was 1999, this lurid and preposterous thriller is consistent with the fundamental elements of any worthy crime film. Being branded as uncompromisingly brutal this plausible plot incorporates legal terminologyRead MoreJaidyn Leskie Case2521 Words   |  11 Pagesintention to question witnesses or seek an adjournment. VII. Do you think the double jeopardy rule should be abolished? Discuss In my opinion the rule on double jeopardy should be abolished because although it protects the innocent from being prosecuted, it also protects criminals that have been let of for that crime from being tried again if new evidence has come up linking them to the crime. The double jeopardy rule should only be abolished with strict guidelines which ensure that the reasonRead MoreCriminology : Crime And Deviance1705 Words   |  7 PagesKelsie Rumsey Brian Wolf Sociology 260: Crime and Deviance May 7, 2017 Double Jeopardy The criminal justice system isn’t perfect, much like any largescale system it has its flaws. Sadly, some of the criminal justice system flaws are bigger than others and the smaller ones don’t get any attention from the public and go unresolved. That is not to say that all the problems with the criminal justice system shouldn’t be dealt with, but some of the problems aren’t even being considered. A problem thatRead MoreMy Viewpoints on Double Jeopardy563 Words   |  2 Pagespublicly administered in the courts. 10   Ã‚  Ã‚  Ã‚   Cases that reach the Supreme Court are of particular interest to me. 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The major argument she mentions is that the Judge who exercised override a jury made enacting punishment on a teenager who might be innocentRead MoreEssay about Fifth Amendment and Double Jeopardy1601 Words   |  7 PagesFifth Amendment and Double Jeopardy Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual from being subject to trials and possible convictions more then once for an alleged offense. The idea was not to give the State too much over the individual, this way no individual will be subject to embarrassmentRead MoreThe Beginning Of Watsons Career Essay1275 Words   |  6 Pagesa little more familiar to people than they realize. IBM research developed Watson to compete on a well-known TV game show. Watson competed as a contestant on Jeopardy. It took a team of twenty researchers and three years to get Watson to the desired level of human expertise. Researchers capitalized of the knowledge they gained from Jeopardy and altered Watson to be even smarter. The researchers created all the necessary functions in Watson to alter research met hods in such a way the human race has