Essay about Fifth Amendment and Double Jeopardy - 1601 Words

Fifth 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 embarrassment, expense, and ordeal against being tried for an alleged offense more then once. It also reduces the possibility of someone innocent being found guilty. The double jeopardy clause of the Fifth Amendment embodies three protections to criminal†¦show more content†¦Second degree murder, as defined in District Code, is killing of another with predetermined malice and is punishable by imprisonment for a term of years or for life. The jury found Green guilty of arson and of second degree murder. Green was sentenced to one to t hree years imprisonment for arson and five to twenty years imprisonment for murder in the second degree. Green appealed his conviction of second degree murder. At the retrial, Green was tried again for first degree murder under the indictment. At the beginning of the trial, he raised the defense of former jeopardy, but the court overruled his plea. He was found guilty and was sentenced to a mandatory death sentence. At this trial, Green was tried again for first degree murder even though the original jury had found him guilty of second degree murder. The second trial for first degree murder placed Green in jeopardy twice for the same offense in violation of the Constitutions Fifth Amendment Double Jeopardy Clause. After the original trial, it was unquestionable that Green could not have been tried again for first degree murder for the death resulting from the fire. A plea of former jeopardy should have been accepted by the trial judge of the second trial period. The Government argued that Green waived his right of former jeopardy by making a successful appeal. TheShow MoreRelatedDouble Jeopardy837 Words   |  4 PagesMinifield 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 aRead MoreThe Fifth Amendment : The Fourth Amendment1681 Words   |  7 PagesFifth Amendment The Fifth Amendment (Amendment V) which is followed by the United States Constitution belongs to the part of the Bill of Rights and will protect each and every individual from being compelled to witnesses against themselves in all sorts of criminal cases. Pleading the Fifth is a sort of informal term used generally for invoking the right which allows the witnesses to decline the chance of answering the questions which may lead the answers that might incriminate them, and basicallyRead MoreEssay 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 MorePros And Cons Of The Fifth Amendment1366 Words   |  6 PagesAmendment The Fifth Amendment (Amendment V) which is followed by the United States Constitution belongs to the part of the Bill of Rights and will protect each and every individual from being compelled to witnesses against themselves in all sorts of criminal cases. Pleading the Fifth is a sort of informal term used generally for invoking the right which allows the witnesses to decline the chance of answering the questions which may lead the answers that might incriminate them, and basically itRead 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 MoreBusiness Law Essay908 Words   |  4 Pagesthe capsules were recovered by the police with the use of the stomach police. What constitutional issues will be raised by her attorneys? Explain. The fourth amendment protects citizens from illegal search and seizure. Her attorney would probably argue that the police officer had violated her right that is protected by the fourth amendment. A search warrant is only granted with in an event where there is a probable cause. The warrants have to be granted by a judge. The exclusionary rule whichRead MoreEssay On The Fifth Amendment1307 Words   |  6 Pageswhat the Fifth Amendment provides citizens and its use of it in the 2012 Meningitis Outbreak? Fifth Amendment The Fifth Amendment in US constitution was proposed by Congressman James Madison on June 8, 1789 and was passed on September 25, 1789. It was later ratified by Congress on December 15, 1791 as â€Å"Bill of Rights†. It provides a number of rights which are relevant to both Civil and Criminal legal proceedings. In Criminal cases, it provides a right to Grand Jury. It forbids â€Å"double jeopardy† andRead MoreFifth Amendment Privilege : Taking The Fifth1657 Words   |  7 PagesThe Fifth Amendment Privilege: taking the Fifth The Fifth Amendment is located within the constitution of the United States of America. It consists of five well know clauses. Amendment V 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 War or public danger; nor shall any person be subject for the sameRead MoreThe Importance Of Government Transparency And Accountability1628 Words   |  7 Pagesis important to note the importance of government transparency and accountability throughout this paper. Under the fourth amendment there are three provisions that needs to be discussed. Two of these provisions: No improper searches and seizures, and Evidence obtained by illegal search not admissible during trial. In 1990, the Supreme Court summarized the Fourth Amendment brilliantly and succinctly: â€Å" A search compromises the indiv idual interest in privacy; a seizure deprives the individual ofRead MoreWhat is the Bill of Rights?1440 Words   |  6 PagesAmerican citizens. All ten Amendments in the Bill of rights are significant for protecting the right of the citizens but Amendment One the freedom of speech, religion, press, and petition, the Fourth Amendment gives the protection of unreasonable search and seizure without a search warrant, and Fifth protects the accused by protecting them from self incrimination, double jeopardy, and from depriving their life, liberty, or property without due process of law. The First Amendment gives citizens many freedoms