Double Jeopardy

683 Words2 Pages

The United States enshrines in its constitution a Fifth Amendment, a law which protects one from being placed twice in jeopardy under the same crime. To this regard, one cannot be placed in double jeopardy by the same government. However, there are certain circumstances that can make one to be placed under double jeopardy without violating the Act. It is important to note that the federal and the state governments are two sovereigns. In this case therefore, a person can be tried for the same crime by the two separate sovereigns under their respective laws (Merriam, 2008). The same case happens for two states. Each state is a sovereign and therefore can try a person for the same crime. This normally happens for serious crimes such as murder and or drug trafficking. The double jeopardy Act is supposed to protect a defendant who in this case has not been found guilty of a crime not to be tried a second time for the same crime by the same sovereign state. The act is therefore supposed to protect the defendant who in this case has lost much in terms of time, money and emotionally during the trial to start rebuilding his or her life without the fear of being prosecuted a second time. It is however important to note that there are times when the defendant can be tried for the same crime a second time by the same government without the government violating the Fifth Amendment which protects the defendant from double jeopardy. It is possible for a defendant for example to be tried by both the federal and the state government for the same crime or for other crimes that arise from events surrounding the original crime. Another scenario though very rare in occurrence is a situation whereby the jury may find the defendant guilty but the jud... ... middle of paper ... ...he person prosecuted. It is possible for a person to be acquitted for criminal actions in a court of law only to face new charges by the parole board. Normally, criminal activities require the prosecution to prove beyond doubt for there to be considered a conviction. In this case therefore, if the prosecution fails to proof beyond any reasonable doubt and therefore the accused is acquitted, then he or she may find himself or herself facing a parole board. This is so because the parole violations only require less proof for criminal actions. References Dunee, C. (2012). Double Jeopardy. Buckingham: Open University. Kanovitz, J. R. (2010). Constitutional law (12th ed.) New Providence, NJ: Anderson Pub. Merriam, S. (2008). Double Jeopardy Clause .San Francisco, CA: Jossey-Bass. Wellington, J. (2005). Fifth Amendment to the United States Constitution. London: Sage

Open Document