Untitled Slide

Amendment 5
"Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb"

Double Jeopardy refers to constitution protections that make sure that someone is not able to be prosecuted in criminal court more than once for the same crime.

WHY IS THIS SO IMPORTANT?

REASON #1-GOVERMENT RESOURCES

• Protection from power
• Assets and resources
• Harrasment, particularly when found
• Not guilty by a jury.

REASON #2- MONEY AND EMOTIONS

• Lawyers are expensive
• Court is stressful and emotional
• Society is judgemental

REASON #3- JEDGES AND JURIES

• Both are powerful in their
• Deciding influences
• Make them think about their true verdict
• They only get one chance

REASON #4-PROSECUTER POWER

• They determine your what charges may be applied
• This is an enormous amount of power
• Influence over a case
• Create a "one shot scenario"
• Encourages a justified decision making process

REASON #5-PUNISHMENT

• Certain crimes require certain punishment standards
• Certain actions, even in a short time frame, can result in
• Several different charges that can be punished separately.
• This can be confusing to defendants.

Also, if you have been found not guilty of a crime, even of new incriminating evidence has been found or new witnesses come forward, you CAN NOT be re tried for the same crime.

HERE ARE THE RULES

• Cannot charge a second time after a conviction.
• Cannot charge a second time after aquittal (after dismissal)
• Each crime has to be different in its elements
• Can be charged twice if the violated both a federal and a state law
• When tried criminally a civil suit can still be brought.

Example to rule 1-
When Sharone Sylvester Brown killer his girlfriend Sherry Whitacre, he pled guilty to misdemeanor assault before prosecutors
knew she had died and before her death was ruled a homicide. He was protected by the law as soon as he pled out. They never put it on hold because normally it would not have been fatal, but she was cancer stricken, and it was too much for her already weakened immune system. He served 20 days.

Example of rule #3
If a defendant is tried for a burglary at a certain home, they cannot be tried for burglary a second time at this home. BUT you could be tried for allegedly selling drugs at this same home to someone there. Also each time you sold drugs is a separate act and a separate offense, therefore they can be convicted separately without violating the double jeopardy clause.

Example to rule #4
You can be charged twice for the same crime only if the crime has violated both a state AND a federal law. This includes things like bank inbezzlement, bank robbery, drug felonies and any crime that crosses state lines.

Example of rule #5
When you are tried for something like armed robbery, you can also be sued separately for damages done during the time of the action. O.J. Simpson is a good example.

EXCEPTIONS

• Criminal cases only!
• Mistrials
• Sovereign- just because the state cannot prosecute
• Doesn't mean the federal goverment cant or won't.
• Multiple offenses

Cases of double jeopardy
Amanda Knox: she has been through a huge ordeal in her alleged crime. Her and her boyfriend were initially found guilty, then acquitted, then later found guilty again.

O.J. Simpson
In 1995 Simpson was acquitted for killing his ex wife and her friend. Why couldn't he be retried when new evidence came to hand? It's about fairness to the defendant.

Timothy Hennis
Allegedly killed a women and her 3 and 5 year old daughters in 1985. In the course of 21 years, Hennis underwent 3 trials for the same crime in 3courtrooms. 1986 was his first trial, saying sex was a motive. He was convicted of murder at this time and sentenced to death. After he received a letter in prison while waiting his execution, he got a second chance to prove his case. With this case in 1989 after destroying the witness testimony, he was acquitted.

In 2006 new DNA evidence was brought to light. The U.S. Army stepped in. He was again arrested on 3 counts of murder. He is the only person in U.S. History to be tried for his life 3 times after guilty and non guilty verdicts.
All thanks to sovereignty

CITATIONS

• http://www.cnn.com/2014/07/18/us/death-row-stories-hennis/
• McAninch, Williams S. 1993 "unfolding the Law of Double Jeopardy." South Carolina Law Review 44.
• http://criminal.findlaw.com/criminal-rights/when-double-jeopardy-protection...
• http://www.dallasnews.com/news/crime/headlines/20130526-man-arrested-in-mur...
• Kotler, Bradley E. , Brian J. Leske, and Benjamin LIeber. 1994. "Double Jeopardy." Georgetown Law Review 82.