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Essay Available:
Pages:
3 pages/≈825 words
Sources:
3 Sources
Level:
APA
Subject:
Law
Type:
Research Paper
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 17.5
Topic:

Double Jeopardy/ Dual Sovereignty (Research Paper Sample)

Instructions:
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 the concept of Double Jeopardy. Use the legal research tool Lexis or Cornell.law.edu. With your submission, include a list of all Boolean search terms, or natural language searches, utilized to complete this assignment. source..
Content:
DOUBLE JEOPARDY/ DUAL SOVEREIGNTY Name: Grade Course: Tutor`s Name: (24 September 2010) Double Jeopardy/ Dual Sovereignty The double jeopardy of the 5th amendment to the U.S. Constitution explains that no one should be subjected for the similar offense to be twice put in the jeopardy of limb or life. It protects the American citizens against three major things; firstly, a person can`t be prosecuted for the similar offense for the second time after being acquitted, or judged innocently by the court at first. Secondly, no person can be prosecuted for a second time for the same offense after being found guilty in the previous trial. Lastly, no person can receive multiple punishments for the same crime. This research paper analyses 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. Nowadays it is possible under some circumstance, two state trials in two different states for the murder of the same person, in circumstances where the two states share the concurrent criminal jurisdiction. The U.S. constitution does not obligate a sovereign state to have the recognition of another state`s penal judgments, hence giving room for the states to prosecute a defendant regardless of any legal actions that might have been taken previously against the defendant, (Dax, 2000). Despite the fact that, the 5th amendments of the U...
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