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In: Psychology

What is the constitutional right against double jeopardy? Describe three situations in which a second trial...

What is the constitutional right against double jeopardy? Describe three situations in which a second trial would not violate a defendant’s right against double jeopardy.

Solutions

Expert Solution

  • The Double Jeopardy clause in the Fifth Amendment to the U. S. Constitution provides that "No person shall ... be subject for the same offense to be twice put in jeopardy of life or limb." Most states have the same guarantee for defendants appearing in state court.
  • Even in states that do not expressly guarantee this right in their state constitutions, the doctrine of incorporation ensures that the Bill of Rights applies to state and local governments, therefore the protection against double jeopardy must still be afforded to criminal defendants.
  • Only certain types of criminal cases qualify for double jeopardy protection. If a particular proceeding does not place an individual in jeopardy, then subsequent proceedings against that individual for the same conduct are not prohibited.
  • Although the text of the Fifth Amendment suggests that double jeopardy protection extends only to proceedings threatening "life or limb," the Supreme Court has established that the right is not limited to capital crimes or corporeal punishment. Instead, protection extends to all felonies, misdemeanors, and juvenile delinquency adjudications, regardless of the punishments they prescribe.
  • Specifically, double jeopardy protects against:
  • a prosecution for the same offense after an acquittal
  • a prosecution for the same offense after a conviction, and
  • more than one punishment for the same offense.
  • Double jeopardy prohibits different prosecutions for the same offense, but it doesn’t protect a defendant from multiple prosecutions for multiple offenses.
  • Due to time limit,remaining questions can be asked as another question,they will be answered,thankyou for your cooperation

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