Double Jeopardy

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Double Jeopardy
By Ashley, Gracie, Amy, Ashley Per.4 Lincoln
High school
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Definition
The 5th amendments double jeopardy clause
prohibits being tried for the same offense twice.
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It protects against 3 distinct abuses
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A second prosecution after acquittal.
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Second Prosecution after conviction.
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Multiple punishments for the same offense.
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Where does double jeopardy come from?

• Double jeopardy dates all the way back to the
  Ancient Greeks.

• The concept of double jeopardy is used in many
  different countries around the world.

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Court cases
Angle Jaime Monge was convicted on 3 counts of
violating Californias drug laws. The state
sought to double his sentence based on previous
assaults. On appeal the court ruled that the
evidence was insufficient to enhance the
sentence. This held that the Double Jeopardy
Clause does not extend to noncapital sentencing
proceedings
Sattazhn v Pennsylvania. David Sattazahn was
convicted of murder and the judge sentenced him
to life in prison without parole. He then
appealed the conviction, won, was retried, and
convicted again. The second time he was
convicted to the death penalty
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Exceptions
There are exceptions to the double jeopardy
clause such as, if someone is acquitted in
criminal court they can also be tried for the
same crime in civil court. It is the same if a
defendant is tried for a crime in federal court,
they can later be tried for the same crime in
state court.
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Benefits
One of the major benefits of the double jeopardy
clause is that it stops people from being put on
trial again and again for the same crime. This
way the accused doesnt have to go through the
stress of more than one ordeal if the verdict has
already been reached.
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One disadvantage is that the prosecutors must
make sure that they get all the information they
have into one trial and not miss anything
important because they only get one shot to
convict them. If the police are absolutely
certain that someone has committed a crime, but
dont have enough evidence, they may waste time
trying to incriminate this person. While they
are doing this the person could commit more
crimes , or leave the country, or in the worst
case both.
Disadvantages
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Bibliography
www.caselaw.lp.findlaw.com/data/constitution/amend
ment05/02.html www.oyez.org/oyez/recource/case/109
0/
www.lectlaw.com/def/d075.htm
www.bbc.co.uk/dna/h2g2/A3477972 www.dailywav.com