The Double Jeopardy Clause Of The United States Constitution Essay

The Double Jeopardy Clause Of The United States Constitution Essay

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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 being charged for the same crime twice.

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. For example lets look Heath v Alabama 106.S.ct.433 and Heath V Georgia 268 Ga.App. 235 Heath hired two men to kill his wife. His plan, was to used the two hired men to kidnap his wife from her home in time passed Rebecca Heath 's body was found on the side of a road in Troup County, Georgia. Authorities discovered that The cause of death was a gunshot wound in the head. Heath pleaded guilty to “malice” murder charge under murder under Ga.Code Ann. § 16–5–1 .then the state of Georgia sought the death penalty under Ga.Code Ann. § 17–10–30. Heath pleaded guilty in exchange for a sentence of life imprisonment.

Subsequently, he was tried and convicted of murder during a kidnaping and was sentenced to death "On May 5, 1982, the grand jury of Russell County, Alabama, ch...

... middle of paper ...

...te 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 both jurisdictions ' laws. And same go for. As two states as mention in Heath v Alabama.

Double jeopardy prevents you from being charged twice but However, those of us who are living in the United States actually have two governments that can and will prosecute crimes a state meaning local government and the federal government. Each of these governments may and will convict a person for one act that violates both sets of laws. even if something is not illegal under state law, a person can be prosecuted for committing that act if it is illegal under federal law.

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