...DOUBLE JEOPARDY A review of the Law Lovetta Smith CJUS 220 Professor Jeff Sexton October 13, 2013 INTRODUCTION This essay will provide detailed information on the Fifth Amendment which is very important in the United States. It will explain and give understanding of the importance of the Double Jeopardy Amendment and how it is used in the system of Law. Also it will discuss case in which involved the Fifth Amendment and how it was used to protect the citizens of several cases and how the people were protected with the Fifth Amendment rule inside the system of law. Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same charges following a legitimate acquittal or conviction. In most countries with the common law rule most criminals are allowed to enter a plea of not guilty or autrefois acquit, which is a French law meaning a person has been found not guilty of the same charge in a previous trial with the same evidence and cannot be retried for the same crime regardless of what new evidence that has surfaced. Double Jeopardy is a procedural defense that protects a person from being tried again for the same crime. Double Jeopardy is the oldest legal concept of western civilizations. Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual...
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...Amendment One Freedom of Religion, Press, Speech, Assembly, Petition Amendment Two Right to Bear Arms Amendment Three Right to not have to quarter Soldiers and seizures Amendment Four Right to be free from un-reasonable searches and seizures Amendment Five Right to grand jury indictment, no double jeopardy, freedom from self-incrimination, due process of law Amendment Six Right to be in-formed of charges be present when wit-nesses speak in court, to call defense witnesses, to have a lawyer. Amendment Seven Right to a jury trial in civil cases Amendment Eight Freedom from excessive bail and cruel and unusual punishment Amendment Nine Guarantee of rights not listed in Constitution Amendment Ten Rights of states and people Amendment Eleven Prevents suits against states Amendment Twelve Election of the President(Election Procedures) Amendment Thirteen Abolition of slavery Outlawed Amendment Fourteen Right to be free from discrimination in states to have due process of law, to have equal protection of the law Amendment Fifteen Black Suffrage Amendment Sixteen Individual Income Tax Amendment Seventeen Election of National Senators Amendment Eighteen Prohibition of alcoholic beverages Amendment Nineteen Women's Suffrage Amendment Twenty Lame-Duck Period shortened for federal Officials Amendment Twenty One Repeal to Prohibition (they can drink again) Amendment Twenty Two Limitation of Presidential term of office Amendment Twenty Three Voters in Washington D.C. given...
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...Course Business Law I Quiz 1 LEG100 This quiz consist of 20 multiple choice questions and covers the material in chapters 1 through 4. There are five questions from each chapter. Be sure you are in the correct Chapter when you take the quiz. • Question 1 4 out of 4 points The ______ approach recognizes that “business decisions consist of continuous, interrelated economic and moral components.” Answer Selected Answer: Systems Correct Answer: Systems • Question 2 4 out of 4 points The ______ approach to business and society introduced in the text is a descriptive framework that integrates legal and societal considerations with mainstream theories of competitive advantage and social responsibility. Answer Selected Answer: Systems Correct Answer: Systems • Question 3 4 out of 4 points Which of the following is a type of relationship building lobbying prevalent in China? Answer Selected Answer: Guanxi Correct Answer: Guanxi • Question 4 4 out of 4 points Which of the following is an advocacy group that has lobbied against marketing to children? Answer Selected Answer: The Center for Science in the Public Interest Correct Answer: The Center for Science in the Public Interest • Question 5 4 out of 4 points Which of the following is not a component of legal astuteness as referenced in the text? Answer Selected Answer: A practice...
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...Criminal Justice Procedure Amber Irwin Michiels CRJ306 Instructor Petrov July 31, 2013 Criminal Justice Procedure The criminal justice procedure involves a number of steps that must be taken carefully to ensure that a criminal does not get away with a criminal act because of law enforcement's failure to carry out each step properly. It is also set in place to protect the innocent from being unlawfully convicted. The modern justice process begins with investigation. After a crime has been discovered, evidence is gathered at the scene when possible, and a follow up investigation attempts to reconstruct the sequence of activities. Although a few offenders are arrested at the scene of the crime, most are apprehended later. In such cases, an arrest warrant issued by a judge provides the legal basis for an apprehension by police. An arrest, in which a person is taken into custody, limits the offender's freedom. The Arrest is a serious step in the process of justice. Most arrests are made peacefully, but if a suspect tries to resist, a police officer may need to use force. During arrest and before questioning defendants are advised to the constitutional rights, also known as their Miranda rights. The criminal justice procedure begins with arrest, followed by the booking of suspects, arraignment, preliminary hearing, grand jury trial, pretrial hearings, the criminal trial, followed by sentencing. In this paper, I am also going to discuss constitutional protections for...
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...Gideon v. Wainwright, 372 U.S 335, is a turning point case in the United States Court history. Under the fourteen Amendments to the U.S Constitution to provide counsel in criminal cases to the represent defendants who cannot afford to pay their own attorneys. Gideon was charged with a felony in Florida state court. He came into view before the state Court, informing the Court he was indigent and requested that the Court appoint him an attorney. The Court declined to appoint Gideon an attorney, stating that under Florida law, the only time an indigent defendant is entitled to appoint counsel is when he is charged with a capital offense. Therefore, an indigent defendant with an attorney is a violation of the Fourteenth Amendment of the United States Constitution, which Gideon v. Wainwright imposed those requirements upon the states as well....
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...Prof. Robertson srobertson@devry.edu 773.233.5028 Post 3 times a week on 3 different days for discussions. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ WEEK1 Criminal law - Wrong against the state (this is called a crime) - Jail time is penalty Civil law - wrong against a person (this is called a tort) - Damages is penalty (money) Killing someone is both criminal (murder) and civil (wrong full death). Federal Court - Supreme court - Appeal court - District Court State Court - Supreme court - Appeal court - trial Court Double Jeopardy means you can’t be charged for the same thing twice. Sources of law 1. Constitutional - By the constitution 2. Statutory - Created by congress 3. Common Law – through court system - Stare decisis - Remedies o Law = damages (money) o Equity = Injunction (stop what you are doing) and specific performance (cannot be replaced) ▪ Heir loom ▪ Famous paintings - Summary Judgment (ask the court to throw case and he rules in your favor) Corporate social responsibility (the invisible hand – if you do good, good will come to you) +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ WEEK 2 Constitution - 51 constitution (one for each state) - Document detailing...
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...Unit 7 Assignment 1 Unit 7 Assignment 1 ITT-Tech PS1350 Unit 7 Assignment 1 Reflection of unit 7: A/B- The Constitution requires the president (and the vice president, whose major function is to succeed the president in the event of his death or disability) to be a natural-born citizen of the United States, at least thirty-five years old, and a resident of the United States for fourteen years or longer. The Succession Act has never been used because a vice president has always been available to take over when a president died in office. To ensure this will continue to be the case, the Twenty-Fifth Amendment, in fact, became part of the Constitution in 1967 as a response to the death of President John F. Kennedy. Eight presidents have died in office from illness or assassination. William H. Harrison was the first president to die in office—he caught a cold at his inauguration in 1841 and died one month later. John Tyler thus became the first vice president to succeed to the presidency. In 1865, Abraham Lincoln became the first assassinated president. The Constitution requires the president to inform the Congress periodically of “the State of the Union” and authorizes the president to convene either one or both houses of Congress on “extraordinary Occasions.” The president’s power to make treaties with foreign nations is checked by the Constitution’s stipulation that at least two-thirds of the members of the Senate must approve all treaties. The chief executive can...
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...Week One, Question One: What are the differences between substantive law, procedural law, criminal law, civil law, common law, and statutory law? Provide examples of each. What U.S. Constitution amendments were implemented to protect the rights of businesses and organizations? Substantive Law: The body of substantive law includes things like defining crimes and prescribing appropriate punishments or providing sentencing guidelines which can be used when determining how someone should be sentenced, along with discussions about legal relationships between people as well as entities. Procedural Law: a term used to describe a set of rules governing how all aspects of a court case are conducted, including the events that occur before, during, and after the trial. The primary purpose behind procedural law is to make certain that every case brought to court is justly and consistently treated. Settlements from court Proceedings would be an example of procedural law. Criminal Law: Criminal law is a branch of law which concerns crimes which are committed against the public authority. Criminal laws are laws broken that effect the public as a whole, unlike civil law which effects individuals. Murder is covered under criminal law. Civil Law: is a term that can be used to describe two different legal concepts. On the one hand, it is used to describe a body of law that is centered around finding peaceful resolutions to non-criminal disputes. On the other hand, the term civil...
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...Public Policy Examination 2 The Second Amendment in the United States Constitution states, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” In other words, the people are given the privilege to personally own a gun as a form of self defense. This amendment ensures a free state. It is a common debated about what exactly the Second Amendment is saying. Many people say it is one of the worst worded amendment in the United State Constitution. Some say that it states the right of each individual person, just like many of the other amendments, but others say the word Militia is incorporated in there for a reason. The second amendment took a significant role in both the Heller v DC and Miller v US. ? Jack Miller and Frank Layton were arrested for illegally carrying around a shotgun in public across the border of two states. They were arrested because they did not have a stamp on their gun that signifies they paid the taxes that were responsible to pay when owning a gun. This was necessary under the NFA, National Firearms Act. Miller argued that this violated his right to bear arms. The court understood the amendment as a right to a group of people brought together collectively for their same defense, rather than an individual right for their personal defense. It was decided that only guns can be used for militia service purposes only but this case did open the door to understanding...
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.... IN THE LOWER KITTITAS COUNTY DISTRICT COURT OF THE STATE OF WASHINGTON STATE OF WASHINGTON,Plaintiff,vs._____________ Defendant. | No. _____________ STATE’S RESPONSE TO DEFENDANT’S MOTION TO DISMISS | The State of Washington, represented by Deputy Prosecutor Tony Swartz, submits the following response to defendant’s motion to dismiss filed on May 1, 2013. For the reasons stated below, defendant’s motion should be denied. --- PROCEDURAL HISTORY On March 29, 2013, Honorable Judge _____________ presided over this case with defendant, defense counsel _____________, and plaintiff counsel Tony Swartz for the State of Washington. Defendant was charged with DUI and Reckless Driving. A venire consisted of 29 potential jurors. Questioning by court and counsel occurred between 10:45am and 12:11pm. The court asked the venire, “Have any of you had a personal experience with a similar related type of case or incident as an accused, as a witness, anything like that?” Transcript p2, l6 – 8. In response to jurors with raised hands, the court said, “We have juror 19, 7, 26, 14, anyone else?” Finally, the court asked, “Any of you believe that that might impair your ability to fairly hear the case?” In response, the court said, “14, it might? Okay. And 19? 14 and 19 indicated it might impair their ability to fairly hear the case.” Transcript p2, l8 – 10. Jurors 19, 7, 26, and 14 were ultimately all removed from the panel before the selection process. A 6-person jury was selected...
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...First, the most serious crimes are called felonies. Felonies mean prison time in which a person in locked up for the minimum of three hundred and sixty-five days. There are exceptions in which the person is not doing time, but with a felony conviction a person might as well be in prison. Felonies consist of crimes that include serious bodily harm to victims or white color crimes. Misdemeanors are the second types of crime. They are less serious crimes that put you in jail for three hundred and sixty four days or less. There are exceptions to people who are awaiting trial. An example of a misdemeanor is committing simple assault and being fined a certain amount of money for the victim. The last types of crime are not necessarily truly crimes, but are petty offenses and violations. Infractions do not normally result in jail time. Most common infractions are traffic; this is more of civil cases...
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...stating that race was a factor during the decision-making process. This case challenges the 4th amendment, which protects citizens from unreasonable searches, seizures without warrant. This case challenges the Fourth Amendment because they randomly went to Mr. Armstrong’s hotel room and the Fourteenth Amendment because since the citizens automatically lost their right to have equal protection of the law. In my opinion, Alexander specifically used this case to show how race affected the outcome of this case. The ruling weakens due processing of the law because in the text it didn’t mention that the officers had a warrant. It also weakens the equal protection of Armstrong and his colleagues because he was wrongfully searched so since he was not protected by the amendments, his equal...
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...Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. * Freedom of religion, speech, and the press; right of petition and assembly Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. * Protects against unreasonable search and seizure Amendment 5 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 offense 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. * Rights of people accused of crimes * No double jeopardy * Right to remain silent * Notice and opportunity...
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...An examination of the Bill of Rights and how it extends the protection of the civil liberties to the population, with emphasis on the First, Fourth, and Sixth Amendments, and a description of a public policy implemented to protect the constitutional rights of suspects, when interrogated by the police. The Bill of Rights and Civil Liberties The Bill of Rights is the first initial inclusion of laws to the Constitution, collected as the first ten amendments out of a total of 27 other amendments. This paper discusses three amendments in the Bill of Rights which includes the First, Fourth, and Sixth Amendments, with explanation of each amendment, and how it extends the protection of civil liberties to the population. The First Amendment This Amendment enacts the protection of free speech, religion, press, assembly, and freedom to petition the government (Dautrich & Yolof, 2011). The purpose of this Amendment is to prevent any directive establishing an adherence to a specific religion or any law prohibiting free practice of speech, assembly, and freedom of the press (Volkomer, 2011) The Amendment exclusively affects all individuals living in the U.S. including citizens within the U.S. government. It protects the right for an individual to express themselves freely, without fear of retaliation. The First Amendment is so important, because it protects the rights of the citizens to engage in open discussions and debate on public issues, which are important in any democracy...
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...The Third Amendment prevents soldiers from quartering during peace times in someone’s home by stating that, “No soldier shall, in time of peace be quartered in any house, without consent of the owner, nor in time of war, but in a manner to be prescribed by law.” Similarly, the Fourth Amendment protects people from unlawful searches and seizures. This could be searches on their person, home, car, paper, or other property without a proper warrant. Protection of privacy is an important fundamental freedom, and without these two amendments, the government could invade citizen’s personal space and belongings unlawfully. During the time of the Revolutionary War, British soldiers would stay in Americans’ homes without their permission, and on some occasions, would search through the home with hopes of finding evidence of a crime. Due to this invasion of privacy, those in favor of a bill of rights urged that Americans be protected in case of a future time when the government could overstep its...
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