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Submitted by p-once on January 30, 2007
Category: History Other
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Bill of Rights Paper
University of Phoenix
HIS/311
Introduction
The first 10 Amendments to the US Constitution are known as the Bill of Rights. The Fifth Amendment relates to legal procedure. One of the clauses contained within this Amendment concerns the subject of double jeopardy. Our learning team selected double jeopardy as our area of focus. This document offers an analysis of the Founding Father's intent in providing the double jeopardy clause, a discussion of how double jeopardy protection has evolved through selected court decisions, and an evaluation of the modern day implications to individuals and society.
The Fifth Amendment & Double Jeopardy
The Fifth Amendment (or Article V) of the US Constitution states that:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (Wikipedia, 2006)
The portion of the Fifth Amendment that reads "nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb" is known as the double jeopardy clause. Many people believe this clause merely protects people from being tried more than once for the same crime. The double jeopardy clause actually affords three separate protections: "protection from being retried for the same crime after an acquittal, protection from retrial after a conviction, and protection from being punished multiple times for the same offense" (Wikipedia2, 2006).
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