Double Jeopardy - the 5th Amendment Essay Example
Constitutional Law
Unit 8: Double Jeopardy
Jesely Rojas
July 13th, 2010
“The 5th Amendment is an old friend and a good friend, one of the great landmarks in men's struggle to be free of tyranny, to be decent and civilized.”
William O. Douglas
Prepare a paper analyzing why, 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. Also, analyze why, under certain circumstances, a state trial and a federal trial may be held for the murder of the same person without violating the Double Jeopardy Clause of the U.S. Constitution. As part of this assignment, you should conduct legal research to support your analysis of the concept of Double Jeopardy.
Using the legal research tool Lexis, as available through Kaplan University, complete the assignment and provide your instructor with a detailed description of your search terms, techniques and results. With your submission, include a list of all Boolean search terms, or natural language searches, utilized to complete this assignment. The Double Jeopardy Clause of the Fifth Amendment states, no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." Not only does the Double Jeopardy Clause defend individuals from being put in jeopardy of life or limb, but it also protects against other punishments such as monetary fines and prison terms. The Fifth Amendment discusses – among other issues – legal protocol as it relates to persons who are suspected, accused, or formally charged in relation to commission of a crime. It does not protect a person from being tried by two or more separate governments. Thus, both the federal government and the state government are able to charge and prosecute one person for the same criminal act, which is often the case for drug related crimes. As well, two or more states can prosecute and try a person for the same
Unit 8: Double Jeopardy
Jesely Rojas
July 13th, 2010
“The 5th Amendment is an old friend and a good friend, one of the great landmarks in men's struggle to be free of tyranny, to be decent and civilized.”
William O. Douglas
Prepare a paper analyzing why, 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. Also, analyze why, under certain circumstances, a state trial and a federal trial may be held for the murder of the same person without violating the Double Jeopardy Clause of the U.S. Constitution. As part of this assignment, you should conduct legal research to support your analysis of the concept of Double Jeopardy.
Using the legal research tool Lexis, as available through Kaplan University, complete the assignment and provide your instructor with a detailed description of your search terms, techniques and results. With your submission, include a list of all Boolean search terms, or natural language searches, utilized to complete this assignment. The Double Jeopardy Clause of the Fifth Amendment states, no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." Not only does the Double Jeopardy Clause defend individuals from being put in jeopardy of life or limb, but it also protects against other punishments such as monetary fines and prison terms. The Fifth Amendment discusses – among other issues – legal protocol as it relates to persons who are suspected, accused, or formally charged in relation to commission of a crime. It does not protect a person from being tried by two or more separate governments. Thus, both the federal government and the state government are able to charge and prosecute one person for the same criminal act, which is often the case for drug related crimes. As well, two or more states can prosecute and try a person for the same