Double Jeopardy
The Understanding of Double Jeopardy
Channelle M. Hopson
Grambling State University
Author Note
Channelle M. Hopson, Department of Criminal Justice, Grambling State University.
Correspondence concerning this article should be addressed to Channelle M. Hopson, Department of Criminal Justice, Grambling State University, Grambling, La. 71245.
Contact: monique2us2000@gmail.com
Abstract
This paper is to enlighten the audience of the double jeopardy rule. Double jeopardy refers to a person being tried again for the same offense after being acquitted. Double jeopardy is prohibited by the Fifth Amendment to the U.S. Constitution, which states: "…nor shall any person be subject for the same offence [sic] to be twice put in jeopardy of life or limb…". The Fifth Amendment's Double Jeopardy Clause protects against three distinct abuses: a second prosecution for the same offense after acquittal; a second prosecution for the same offense after conviction; and multiple punishments for the same offense. However, if charges are brought independently by state and federal governments, it has been found not to violate the Double Jeopardy Clause. (Double Jeopardy Law & Legal definitions, 2014)
The Understanding of Double Jeopardy The Fifth Amendment to the U.S. Constitution makes it clear that no person can be tried for the same crime twice. People who have been injustice or found innocent may not again be “Put in jeopardy of life or limb” for the same crime. The same is true of those who have been convicted: They cannot be tried again for the same offense. Cases that are dismissed for a lack of evidence also come under the double jeopardy rule and cannot result in a new trial. The U.S. Supreme Court has ruled that “the Double Jeopardy Clause protects against three distinct abuses: a second prosecution for the same offense after acquittal; a second prosecution for the same offense after conviction; and multiple punishments for the same offense.” Double
Channelle M. Hopson
Grambling State University
Author Note
Channelle M. Hopson, Department of Criminal Justice, Grambling State University.
Correspondence concerning this article should be addressed to Channelle M. Hopson, Department of Criminal Justice, Grambling State University, Grambling, La. 71245.
Contact: monique2us2000@gmail.com
Abstract
This paper is to enlighten the audience of the double jeopardy rule. Double jeopardy refers to a person being tried again for the same offense after being acquitted. Double jeopardy is prohibited by the Fifth Amendment to the U.S. Constitution, which states: "…nor shall any person be subject for the same offence [sic] to be twice put in jeopardy of life or limb…". The Fifth Amendment's Double Jeopardy Clause protects against three distinct abuses: a second prosecution for the same offense after acquittal; a second prosecution for the same offense after conviction; and multiple punishments for the same offense. However, if charges are brought independently by state and federal governments, it has been found not to violate the Double Jeopardy Clause. (Double Jeopardy Law & Legal definitions, 2014)
The Understanding of Double Jeopardy The Fifth Amendment to the U.S. Constitution makes it clear that no person can be tried for the same crime twice. People who have been injustice or found innocent may not again be “Put in jeopardy of life or limb” for the same crime. The same is true of those who have been convicted: They cannot be tried again for the same offense. Cases that are dismissed for a lack of evidence also come under the double jeopardy rule and cannot result in a new trial. The U.S. Supreme Court has ruled that “the Double Jeopardy Clause protects against three distinct abuses: a second prosecution for the same offense after acquittal; a second prosecution for the same offense after conviction; and multiple punishments for the same offense.” Double