Double Jeopardy

837 WordsNov 21, 20114 Pages
Angela Williams Professor, Dr. Louis C. Minifield April 25, 2011 Seminar Criminal Law and Procedure CJ 501 Double Jeopardy Double Jeopardy is a clause within the Fifth Amendment of the United States Constitution that prohibits an individual from being tried twice for the same criminal offense. If a person murders an individual, he or she can not be convicted twice of murder for the same offense. According the United States Constitution of the America, Amendment V (1791) clearly states “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…show more content…
United States, 163 U.S. 662, 16 S. Ct.1192, 41 L.Ed. 300 (1896). The same principle has been applied after conviction, in more recent years; but if a defendant appeals a conviction and succeeds, it is not double jeopardy for the prosecution to retry the defendant; unless a higher court (appellate court) rules insufficient evidence in the case to sustain the defendant’s conviction. Nor would it be double jeopardy in a case if the trial court declares a mistrial by the defendant. However, if the government moves for a mistrial and the defendant objects, and the mistrial is granted, the prosecution must establish a manifest necessity—that which is clearly a necessity or essential, in order for the retrial to be permissible. The defense of double jeopardy can be asserted by pretrial motion. It can also be asserted in any proceedings including criminal, civil, judicial, administrative, adjudicatory, and investigatory. Some states might not guarantee this right in their laws; however, because of the Fifth Amendment’s Double Jeopardy Clause, double jeopardy defense must still be afforded. There are many cases that reflect the protection of double jeopardy among many. For instances; the 1981 murder and conspiracy case against Kazuyoshi Miura became national spectacle. According to the Los Angeles Times, in 1994, Miura was later acquitted on his wife’s murder but not before being
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