Essay on Double Jeopardy - the 5th Amendment - 1179 Words

Constitutional Law Unit 8: Double Jeopardy Jesely Rojas July 13th, 2010 â€Å"The 5th Amendment is an old friend and a good friend, one of the great landmarks in mens struggle to be free of tyranny, to be decent and civilized.† William O. Douglas Prepare a paper analyzing why, under certain circumstances, two state trials in two different states for the murder of the same person will not violate the Double Jeopardy Clause of the U.S. Constitution. Also, analyze why, under certain circumstances, a state trial and a federal trial may be held for the murder of the same person without violating the Double Jeopardy Clause of the U.S. Constitution. As part of this assignment, you should conduct legal research to support your analysis of†¦show more content†¦The double jeopardy rule would prevent the state government from subsequently prosecuting and trying that same person for that same crime. As a general proposition, the Double Jeopardy Clause applies only to criminal cases and consists of three separate constitutional protections. First, it protects against a second criminal prosecution for the same offense after absolution. Second, it protects against a subsequent prosecution for the same offense after conviction. Fi nally, it protects against multiple punishments for the same offense. In Palko v. Connecticut (1973), the U.S. Supreme Court rules that double jeopardy protections do not extend to defendants in state criminal trials. The court says that while some fundamental rights, such as free speech, apply to states through the 14th Amendment, double jeopardy protection is not one. Double Jeopardy clause suggests that the framers would not have accepted the dual sovereignty doctrine. The premise of the dual sovereignty doctrine, and the reason the Court was able to avoid balancing all of the interests involved, was that successive prosecutions in different jurisdictions are not defined as the same offense, so the Double Jeopardy Clause is bypassed. In Hudson v. United States (1997), the U.S. Supreme Court rules that it does not violate the double jeopardy clause to criminally prosecuteShow MoreRelatedThe Fundamental Principle Of Fairness And Equal Rights2219 Words   |  9 Pagesconstitution. The constitution becomes the standard that the court should follow when making judgments. The Due Process is applied in the court cases under the 5th amendment in the constitution to protect individuals, which allows the constitution to illustrate the principle of fairness in a documented form. The Due Process clause under the 5th amendment exists to defend rights of citizens in court. 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