Double Jeopardy Pros And Cons

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Recommended: The 5th amendment from the bill of rights

The Fifth Amendment of the U.S. Constitution outlines basic legal rights relevant to civil and criminal legal proceedings. The 5th Amendment guarantees the right to a grand jury, forbids “double jeopardy”, and protects against self-incrimination. It also requires that “due process of law” take part in any proceeding that denies a citizen “life, liberty, or property”and that the government gives equal compensation to the owner before seizing private property. Grand juries originated hundreds of years ago in Britain. They originally served to protect defendants against irrational prosecutions from English monarch. Usually containing 12-23 members, the grand jury acts as an investigative body that assess the need for bringing a criminal charge against a suspect, making it “a kind of buffer or referee between the Government and the people.” United States v. Williams, 504 U.S. 36, 37 (1992). …show more content…

The Double Jeopardy Clause protects people against double jeopardy and financial, emotional, or social consequences of continuous punishments, and prevents the government from overusing its superiority to continuously convict innocent people.However, the double jeopardy clause only pertains to proceedings brought by federal or state governments, not to ones brought by individuals. Also, it does not protect criminals who have been charged with crime and punishment from being charged with money damages. One example of this are the trials of OJ Simpson. Along with being charged with murder, he was charged with money damages from the families of the victims.Simpson was not protected by the Double Jeopardy Clause because it does not apply to civil charges following criminal

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