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Research Paper On Double Jeopardy

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Sara Warner Professor venella

What comes to mind when you think of someone being acquittal for a crime they did or did not ? Whether or not commit there was insufficient evidence or not enough evidence. Well if a judge or jury decides a person is not guilty of the crime they’ re being charged for they can not be charged again no matter if they find more evidence or have witnesses .That is called Double Jeopardy. Double Jeopardy is when ”No person shall… be subject for the same offence to be twice put in jeopardy of life or limb.” This provision, is known as Double Jeopardy Clause, prohibits state and federal government from prosecuting individuals for the same crime on more than one occasion, or imposing more than one punishment for a single offense. Each of the 50 states offer similar protection through its own constitution, statutes, and common law.”(legal dictionary p4) How double …show more content…
So, if the state wants to go after you based on violation of state criminal laws, that doesn't bar the federal govt for prosecuting based on violation of federal laws.Second, it applies only to the same criminal charge, or a lesser included charge. That means, where where proving all elements of one crime automatically proves another. So, battery (harmful contact of another) may be a lesser included charge of homicide (killing of another), since if the homicide is proven, the battery is also automatically proven.Double jeopardy does not apply if each crime has one element that the other does not. So, assault with deadly weapon (attempt to harm another using a deadly weapon) and homicide. Since the use of a deadly

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