Jennings vs. Armington
Case Analysis: Jennings vs. Armington
The Case is that Armington, while robbing a drugstore, shot and seriously injured Jennings, a drugstore clerk. Armington was subsequently convicted in a criminal trial of armed robbery and assault and battery. Jennings later brought a civil tort suit against Armington for damages. Armington contended that he could not be tried again for the same crime, as that would constitute double jeopardy, which is prohibited by the Fifth Amendment to the Constitution. Armington is standing by the Fifth Amendment, claiming it will be double jeopardy if there is a civil suit.
The Fifth Amendment states, “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 offence 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..” (Legal Dictionary, 2013) The way it is seen in the courts, the Double Jeopardy Clause applies only to legal proceedings brought by state and federal governments in criminal court and it will not apply to civil tort suits individuals bring forth in civil court.
The case analysis is that there is not a case to study. Armington is trying to twist the law to fit his needs. In this case, Jennings case will be heard and Armington will have to pay him damages. According to the Fifth Amendment Double Jeopardy clause you cannot stand trial for the same case in the criminal courts. This is so if you are found innocent or if a case is thrown out, evidence cannot be fabricated to make a better case to try you again. This has no standing in this case. An individual
The Case is that Armington, while robbing a drugstore, shot and seriously injured Jennings, a drugstore clerk. Armington was subsequently convicted in a criminal trial of armed robbery and assault and battery. Jennings later brought a civil tort suit against Armington for damages. Armington contended that he could not be tried again for the same crime, as that would constitute double jeopardy, which is prohibited by the Fifth Amendment to the Constitution. Armington is standing by the Fifth Amendment, claiming it will be double jeopardy if there is a civil suit.
The Fifth Amendment states, “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 offence 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..” (Legal Dictionary, 2013) The way it is seen in the courts, the Double Jeopardy Clause applies only to legal proceedings brought by state and federal governments in criminal court and it will not apply to civil tort suits individuals bring forth in civil court.
The case analysis is that there is not a case to study. Armington is trying to twist the law to fit his needs. In this case, Jennings case will be heard and Armington will have to pay him damages. According to the Fifth Amendment Double Jeopardy clause you cannot stand trial for the same case in the criminal courts. This is so if you are found innocent or if a case is thrown out, evidence cannot be fabricated to make a better case to try you again. This has no standing in this case. An individual