...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...
Words: 2814 - Pages: 12
...Mroz 2 July 2009 Decide if Double Jeopardy, and Collateral Estoppel, applies in any of the four situations and explain why or why not. Double jeopardy is defined as “a provision of the Fifth Amendment of the United States Constitution that has been construed to prohibit an individual from being tried twice for the same crime prosecuted by the same sovereign jurisdiction unless the defendant waives the constitutional protection by appealing a conviction or otherwise” (Town, 2004, p. 584). Collateral Estoppel is defined as “where a fact necessary to the prosecution of a second but different case against the defendant has been clearly found in the defendant’s favor at the first trial, the defendant cannot be forced to relitigate the same fact a second time at a second trial involving the same sovereign” (Town, 2004, p. 583). 1) Where defendant fled by vehicle from California into Arizona, and both states tried defendant for drunk driving. “Double Jeopardy applies in this situation. The defendant is being charged with the same crime twice” (Hendricks, 2009). “This would be Double Jeopardy because he has been charged with the same crime twice” (Munoz, 2009). “The defendant broke the law in to different states so I don’t think that is would be a double jeopardy crime laws are different in different states the defendants alcohol levels could have been different so that defendant can be charged with a higher crime” (Mroz, 2009). “Double jeopardy cannot be claimed in this case...
Words: 726 - Pages: 3
...How have the courts limited the availability of the defence of automatism? 1) general principle regarding automatism 2) automatism caused by a “disease of the mind” 3) automatism caused by the voluntary consumption of alcohol or “dangerous” drugs and 4) other cases of self-induced automatism A state of automatism is one where the acts of a person are beyond their physical control. Typical examples are sleepwalking, acts done in a hypnotic trance, reflex actions and convulsions. Such states normally excuse a defendant for the consequences of his actions on the basis that no responsibility can be fairly attached to unwilled actions. However, the “defence” is limited in application and does not always result in a complete acquittal. Loss of control Firstly, in Attorney General’s Reference (No 2 of 1992), the COA held that automatism is only available where there was a complete destruction of voluntary control. The defendant, a lorry driver was charged with causing death by reckless driving. He raised the defence of automatism and produced expert evidence that the repetitive visual stimuli experience as he drove along straight, flat, featureless motorways had induced a trance-like state. The judge allowed the defence to go before the jury and he was acquitted. The prosecution appealed successfully. The COA held that as there had not been a total destruction of voluntary control, the judge ought not to have allowed the defence of automatism to go to the jury...
Words: 390 - Pages: 2
...Gabrielle Grant Professor Robert Birt May 5, 2015 Free Angela Angela Davis was a Civil Rights Activist that had a lot of impact in United States. She fought for the oppressed and the struggle for Black people. Angela was born on January 26, 19444 in Birmingham Alabama. She already had knowledge of racial discrimination due to growing up in her home town. She was friends with some of the girls who died in the Birmingham church bombing of 1963. She later moved to Massachusetts where she attended Brandeis University. There she studied philosophy and became a master scholar. As a graduate student she attended University of California. Soon after she became a part of several groups, Black Panthers being one but most of her time was devoted to an African American communist group Che-Lumumba Club. Davis got a job teaching at University of California. The administration found out about her relationship with communism. She was then fired, but she fought them in court and got her job back. Davis had become a strong supporter of the Soledad prisoners. Three inmates who were not related, there were John W. Cluchette, Fletta Drumgo and George Lester Jackson. They were accused of killing a prison guard. Many thought they were being accused because of their political beliefs and work. In August 1970 during Jacksons trial an escape attempt was made and several people in the court room were killed. Davis was being convicted of being apart of what...
Words: 395 - Pages: 2
...insufficient evidence or not enough evidence. Well if a judge or jury decides a person is not guilty of the crime they’ re being charged for they can not be charged again no matter if they find more evidence or have witnesses .That is called Double Jeopardy. Double Jeopardy is when ”No person shall… be subject for the same offence to be twice put in jeopardy of life or limb.” This provision, is known as Double Jeopardy Clause, prohibits state and federal government from prosecuting individuals for the same crime on more than one occasion, or imposing more than one punishment for a single offense. Each of the 50 states offer similar protection through its own constitution, statutes, and common law.”(legal dictionary p4) How double...
Words: 453 - Pages: 2
...The 5th Amendment: The fifth amendment was created September 25, 1789 but ratified on December 15, 1791.The fifth amendments limits the government’s prosecution of accused crimes.It protects against self incrimination which is the act of exposing oneself to a charge of crime. Self incrimination results from heavy interigation or one might volunteer the information. No person should be charged with a crime without a right to grand jury which is court. The fifth amendment forbids double jeopardy which means a person can not be prosecuted for the same offense twice. It also establishes due process which is the fair treatment through the judicial system. The 19th Amendments: The nineteenth amendment was created on August 18, 1920. It declared the...
Words: 307 - Pages: 2
...I believe that the “Double Jeopardy” clause in the 5th Amendment to the U.S. Constitution would have protected Libby if the movie went on after she killed her husband. First of all, he faked his death and therefore there was technically no one who existed that she killed. Also, with the witness of the parole officer and the wounds that both the officer and Libby sustained, there was very much a reason to believe that she was acting in self defense. In this case, I don’t think she would even need the 5th Amendment to help her. However, had she been blamed for killing him in the end, I believe the Double Jeopardy clause in the 5th Amendment would apply to Libby. Technically, she had already been tried and convicted for the murder of her husband....
Words: 261 - Pages: 2
...doubled in the first 6 months does not mean that someone gets a bonus or is put on probation. There is not enough information given in this question to warrant such action. This type of action is jumping to conclusions and assuming without the evidence to substantiate such an action. What would warrant such action of probation would be if this has happened before, and the correct training has been provided, inefficiencies have been documented, and the employee(s) have been counseled verbally and written counsel has been documented. What this does mean is that there is a challenging issue and the root cause of this issue needs to be found. An investigation is in order to figure out and understand what is causing the accounts receivable to double. This also raises the question as to why it has taken six months to figure out that there is an issue. Since accounts receivable is made up of what monies are owed to the organization from such examples like the patients copayments or payments for service, insurance companies or third party payers, part of the investigation should include what is outstanding or what kind of credit has been given to raise the amount of outstanding days for the accounts receivable. Also before the investigation is closed and hopefully the root cause of this issue is found, policies and procedures may need to be revisited since it is evident that what is in place is either not working or not being...
Words: 291 - Pages: 2
...accounting and its use within a business organization. As I’ve stated in a few of my posts during the week, before this course I was clueless to the world of accounting. I’ve had my assumptions, all of which are being proven to be wrong. My first assumption is that accountants were all nerds and that it was boring. Which either means I’m a nerd or this is actually an interesting and informative class; I believe it’s the latter. The required readings for the week were chapters one and three, which help lay the groundwork for the rest of the class. I scoured the Internet and found that accounting is everywhere and has been for quite some time. For hundreds of years accounting has been around and used daily. The Venetians started using the double booking method in the 15th century. They used it with the ships and merchants in their harbors in order to keep track of all that was going on. Like I stated in my post, I like history. When I understand the history of something and how it got started, I tend to comprehend the class work more. I also used YouTube, which again has proven its’ value. The accounting videos were slightly on the dry side, but I stuck it out. I also tend to learn more from a video than I do in a text. I find it to be more interactive thus keeping my attention for longer spans. Thank you for reading and I hope you enjoyed this as much as I...
Words: 323 - Pages: 2
...enjoy is coupons that are fifty cents or lower are doubled every day. It is interesting that it is more important for Kroger to save money by eliminating this courtesy to the customers. Publix also accepts Kroger coupons; whereas, Kroger does not accept Publix coupons. Kroger intends on lowering the prices on items in the store versus doubling coupons. This policy could be viewed as positive or negative. If lowering prices is reducing prices by five or ten cents, customers may be highly upset and begin to shop elsewhere. The change of policy for Publix has positive intent, but Kroger’s policy can be viewed negative or positive based on the customer’s beliefs. References: Prosser, F. (2013). Kroger coupon policy change: say goodbye to double coupons in NC. Retrieved July 13, 2013 from: http://www.wral.com/kroger-coupon-policy-change-will-be-announced-on-saturday/12383523/ SunSentinel. (2011). List of Competitor coupons accepted at Publix on Monday. Retrieved...
Words: 323 - Pages: 2
...Executive Summary OuterBay is a company that has developed a strong brand name in the Information Technology industry by offering robust platforms and high quality services. The basic purpose of the company is to provide the customers with one stop solution for all the data and other integral information. In spite of being a competitive and successful company, however, the sales decreased and the company has been unable to recruit talented and qualified individuals. Therefore, in order to overcome this issue, the company is considering improving the training process at the company, where the management is considering hiring experienced individuals. Along with this, the company is also considering developing a sales team that can achieve the long term strategic objectives by actually capitalizing the strong customer base of the company. Problem Statement The major problem that has been identified in the case is the fact that the company has been unable to recover the excessive cost which has been incurred because of lack of sales by the sales team which has increased the typical sales cycle. To overcome the issue, the company is finding a solution where sales can be increased for the company. Critical Success Factors and Key Performance Indicators The major critical success factors of OuterBay has been its differentiated product offerings, strong customer reference, regulatory compliance, financial stability, concept strategy and the access to diverse data. Along with this...
Words: 507 - Pages: 3
...Training is required in the life of the general population of God. Genuine instruction implies more than an arrangement forever that is currently. It needs to with the entire being and with the entire time of presence conceivable to man. It is the concordant improvement of the physical, mental, and otherworldly powers. The world has numerous extraordinary instructor however God stands higher than them which is the genuine source of information. The sacred writings are impeccable standard of truth and ought to be given the most elevated spot in instruction. He who longing to achieve God's optimal will exhibits training as high as the paradise and as expansive as the universe, an instruction that can't be finished in this life however will proceed for the life to come. In Eden, actually coordinated the training of His youngsters. Frequently they were gone by His delegates, the blessed holy messengers, and from them got insight and direction. The Greenhouse of Eden was a representation of what God craved the entire earth to end up, and it was His motivation that, as the human family expanded in numbers, they ought to build up different homes and schools like the one He had given. The book likewise discussed how the human's first folks fell into sin by their energy of decision – the ability to yield or to withhold compliance. There was a tree of learning of good and malevolence. While God was looking for man's great, satan was looking for his ruin. Whenever Eve, dismissing the Ruler...
Words: 363 - Pages: 2
...outside of Hong Kong and Unicon will lose its competitive advantage. The problem is not how to convince the HKHA to buy precast products, the problem is how does Unicon meet the huge demand and still remain competitive. The solution is expansion, and this is how I plan to do it. • Add a second shift to the current day shift, doubling our current capacity • Move to a lean manufacturing process and away from our current batch processing method. An analysis of the times involved for each step should be completed in order to determine the full impact, but estimate production of slabs and facades could double capacity further. • Re-allocate plant space to solely produce slabs and facades and subcontract the manufacture of stairs and partition walls to an outside supplier. This doubles capacity as well, and finally • Build an additional 5000 square meter plant expansion, in order to double capacity again. Plant will be up to full capacity by August 1998. With these changes capacity will go from seven blocks to fifty-six block capacity at a minimum, and with experience and continuous improvement, Unicon will remain HKHA’s main supplier of slabs and facades for...
Words: 354 - Pages: 2
...($154 x 2) = $ 308 4 Salt Lake City, UT ($280 x 4) = 1120 4 Denver, CO ($254 x 4) = 980 6 Sacramento, CA (183 x 6) = 1098 Total = $3506 --(https://www.united.com/web/en-US/default.aspx?root=1) • Mileage Allowance – 2 local managers will be driving to event and will be compensated $0.57/per mile (60miles) $0.57 x 60 = $ 34.20 $68.40 x 2 = Total = $ 68.40 -- (http://www.irs.gov/uac/Newsroom/New-Standard-Mileage-Rates-Now-Available;-Business-Rate-to-Rise-in-2015) Accommodations • Hotel Rooms – 2 Trainers and 16 attendees traveling from out-of-town will be staying on site; One(1) night at the Double Tree Hotel & Conference Center (2 persons per room). Managers: ($205/per x 8 rooms) = $1640 Trainers: ($205/per x 1 room) = 205 Total = $1845 -- (http://doubletree3.hilton.com/en/hotels/california/doubletree-by-hilton-hotel-san-diego-mission-valley-SDGO-DT/index.html) • Conference Room – 2 days/ 10hr per day including tables, chairs, podium, & audio/video equipment 2 Days =...
Words: 541 - Pages: 3
...1. C.K. Prahalad and Kenneth Lieberthal (2003) The End of Corporate Imperialism [Internet] Available from: http://hbr.org/2003/08/the-end-of-corporate-imperialism/ar/1 [Accessed 13th April 2013] 2. Huanqiu.com (2013) 苹果在多国遭受处罚 “企业帝国主义”心态遭批 (Apple is punished in many countries “Corporate Imperialism” is criticized ) [Internet] Available from: http://finance.huanqiu.com/industry/2013-04/3784134.html [Accessed 13th April 2013] 3. Lei Yi (2012) “Double Standard” or Common Sense? [Internet] Available from: http://www.eeo.com.cn/ens/2012/1126/236584.shtml [Accessed 13th April 2013] 4. The Economic Observer (2012) Nike Fined 4.87 Million Yuan for Double Standards [Internet] Available from: http://www.eeo.com.cn/ens/2012/1025/235094.shtml [Accessed 13th April 2013] 5. Klag. E (2013) Pfizer’s Illegal Testing on Nigerian Children Scandal (1996) [Internet] Available from: http://businessethicscases.blogspot.fr/2013/02/nigeria-pfizer-scandal-1996.html [Accessed 13th April 2013] 6. Humphries. M (2012) Apple increases product warranty to 2 years across Europe [Internet] Available from: http://www.geek.com/apple/apple-increases-product-warranty-to-2-years-across-europe-1479847/ [Accessed 13th April 2013] 7. Haslam. K (2012) EU law forces Apple to highlight two-year warranty [Internet] Available from: http://www.macworld.co.uk/mac/news/?newsid=3348755 [Accessed 13th April 2013] 8. People’s Daily (2000) Toshiba No-compensation...
Words: 306 - Pages: 2
