Topic > Double Jeopardy - 683

The United States enshrines in its Constitution a Fifth Amendment, a law that protects against being put in jeopardy twice for the same crime. In this regard one cannot be put in double jeopardy by the same government. However, there are some circumstances that can put someone in double jeopardy without breaking the law. It is important to note that the federal and state governments are two sovereigns. In this case, therefore, a person can be tried for the same crime by the two separate sovereigns according to their respective laws (Merriam, 2008). The same case happens for two states. Each state is sovereign and therefore can try a person for the same crime. This normally happens for serious crimes such as murder and/or drug trafficking. The double jeopardy Act is supposed to protect a defendant who in this case has not been found guilty of a crime from being tried a second time for the same crime by the same sovereign state. The act should therefore protect the defendant who in this case has lost a lot in terms of time, money and emotionally during the trial to start rebuilding his life without the fear of being prosecuted a second time. It is important to note, however, that there are times when the defendant can be tried for the same crime a second time by the same government without the government violating the Fifth Amendment which protects the defendant from double jeopardy. It is possible, for example, for a defendant to be tried by both the federal and state governments for the same crime or for other crimes arising from events surrounding the original crime. Another scenario, although very rare, is a situation where the jury may find the defendant guilty but the judge... middle of paper... the person prosecuted. It is possible for a person to be acquitted of criminal charges in a court of law only to face new charges by the parole board. Normally, criminal activities require the prosecution to prove beyond a doubt in order for a conviction to be considered. In this case then, if the prosecution fails to provide evidence beyond a reasonable doubt and therefore the defendant is acquitted, then he or she may find himself facing a parole board. That's because parole violations just require less evidence for prosecutions. ReferencesDunee, C. (2012). Double jeopardy. Buckingham: Open University.Kanovitz, J.R. (2010). Constitutional Law (12th ed.) New Providence, NJ: Anderson Pub.Merriam, S. (2008). Double jeopardy clause. San Francisco, CA: Jossey-Bass.Wellington, J. (2005). Fifth Amendment to the United States Constitution. London: Sage