The Fifth Amendment Guarantee Against Double Jeopardy | David J. Shestokas

See   -  The Fifth Amendment Guarantee Against Double Jeopardy | David J. Shestokas





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The US Constitution‘s Fifth Amendment requires government procedures to protect the natural, inalienable rights of life, liberty and the pursuit of happiness recognized in the Declaration of Independence. Among these protections is a limit on multiple prosecutions based upon the same alleged conduct.  This limitation is commonly referred to as a protection from “double jeopardy”.

The Double Jeopardy Clause

The Fifth Amendment’s Double Jeopardy Clause reads:

“…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;…”

Goals and Three Separate Elements in Double Jeopardy Protection

Among the goals of the Double Jeopardy Clause are to protect an individual from government harassment by multiple prosecutions of the same alleged act, to guarantee the finality of an acquittal, and to prohibit the state from putting the defendant through the emotional, psychological, physical, and financial troubles associated with multiple trials based upon the same allegation. The Double Jeopardy Clause achieves these ends through three distinct guarantees:

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• * a defendant will not face a second prosecution after an acquittal
• * a defendant will not face a second prosecution after a conviction
• * a defendant will not receive multiple punishments for the same offense

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- See more at: http://www.shestokas.com/constitution-educational-series/the-fifth-amendment-guarantee-against-double-jeopardy/?utm_campaign=Constitution+via+1780&utm_source=twitterfeed&utm_medium=twitter#sthash.O5IziNU5.dpuf