Effects Of Double Jeopardy Clause

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The Double Jeopardy clause is found in The United States Constitution under the Fifth Amendment which say "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 same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. So the double jeopardy clause prevents one person from …show more content…

It assumed, that the two prosecutions could not have been brought in succession by one State but held that double jeopardy did not bar successive prosecutions by two different States for the same act.
At the close of the State 's case, heath argued that Alabama did not have jurisdiction under state law because there had been no evidence of kidnaping and all the evidence showed that Rebecca Heath was killed in Georgia. The State Georgia responded that a kidnaping had been proved, and that under Ala.Code § 15–2–3," if a crime commences in Alabama it may be punished in Alabama regardless of where the crime is consummated." The court rejected both of heath 's jurisdictional plea and his renewed double jeopardy claims.

" the Alabama jury convicted Heath of murder during a kidnaping in the first degree. After a sentencing, the jury recommended the death penalty According to Alabama law, a second sentencing was held before the trial judge. The judge accepted the jury 's recommendation, finding that the sole aggravating factor, that the capital offense was “committed while the defendant was engaged in the commission of a kidnapping,” outweighed the sole mitigating factor, that the “defendant was convicted of the murder of Rebecca Heath in the Superior Court of Troup County, Georgia, ... and received a sentence of life imprisonment in that …show more content…

Which states “Each government in determining what shall be an offense against its peace and dignity is exercising its own sovereignty, not that of the other.“It follows that an act denounced as a crime by both national and state sovereignties is an offense against the peace and dignity of both and may be punished by each.”Which ruled against Heath 's petitions.

These two trials explain the difference between double jeopardy and dual sovereignty
Double jeopardy prevents the same government to prosecute and or convict you twice the the same crime meaning of the state or the federal government convict you of a crime that same entity meaning that same state government or federal government can 't convict you or punish you again for the same crime.

Dual sovereignty doctrine Explains that each government is its own and it 's sovereign and it has the right in determine what shall be an offense against its peace and dignity is exercising its own sovereignty, not that of the other.“It follows that an act denounced as a crime by both national and state sovereignties is an offense against the peace and dignity of both and may be punished by each.” Meaning that Therefore the federal and state governments may both prosecute someone for a crime, without violating the constitutional protection against double jeopardy, if the person 's act violated

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