Five facts on Double Jeopardy #doublejeopardy #5thamendment

Five facts on Double Jeopardy #doublejeopardy #5thamendment



if John steals a purse but the victim does not take a good look at him when he is put on trial he's acquitted because of lack of complicit evidence later the police happen to find John with the stolen purse when the government tries to prosecute him the judge does not let them because John has already been found innocent but why can't the government prosecute someone when new evidence surfaces it is because of a clause in the Fifth Amendment called double jeopardy it is one of the oldest legal concepts that has been adopted into modern-day legal systems the double jeopardy states that nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb this means that no person can be tried twice for the same crime the justification for this is that if it did not exist the government could prosecute someone multiple times and every trial could cost the defendant time and money and cause him public embarrassment on top of that it could be easy for the government to get a guilty verdict if they can try again and again with a new jury also without this rule someone who had been found innocent would live in fear that at any time they could be brought back to trial on the other hand the Double Jeopardy Clause does not prohibit the federal government for prosecuting the same person for the same fact pattern that was used in a state case in June 2019 in the case of gamble V United States the Supreme Court found in a 7 to 2 decision that a person can be prosecuted for the same case in a federal and a state court twice Terence Martez gamble having served a prison sentence for a previous crime was found to be in possession of a gun in 2015 after a traffic stop which was illegal under both Alabama state and federal laws because he was a felon he was convicted under Alabama State and given a one-year sentence he was also prosecuted under federal laws and after the district court concluded that double jeopardy did not apply in this case he pled guilty and received a forty six month sentence the Supreme Court found the double jeopardy clause was not contradicted under the dual sovereignty doctrine which allows the double prosecution of a person for the same crime in more than one state double jeopardy only applies in criminal proceedings not civil or administrative proceedings because those often repeat or occur in intervals to be the first to watch our new upcoming YouTube videos subscribe to our Channel

Posts created 16248

Leave a Reply

Your email address will not be published. Required fields are marked *

Begin typing your search term above and press enter to search. Press ESC to cancel.

Back To Top