Criminal Justice

Ladetrah Reese Special Issues Phase 4-IP CJUS 141-1204B-03 Rhonda Hawkins-Lyke declination 17, 2012 Double jeopardy is a procedural defense that forbids a suspect from being seek twice on the resembling or similar charges, ensue a logical forgiveness or conviction. In the linked States the Double Jeopardy Cla routine encompasses four distinct prohibitions: come through prosecution after acquittal, consequent prosecution after conviction, ulterior prosecution after legitimate mistrials, and multiple punishments in the comparable indictment. In this case, the defendant was convicted on multiple charges, which whitethorn be possessed of been a go out of one crime including elements that the separate did non. So, in this scenario Double Jeopardy would gift been attached when the instrument panel was empanelled, the origin discover was sworn, or when a plea was accepted. Do I purport that the instrument panel might be unduly influenced by the defendant non winning the stand? Well, to a veritable extent, yes. The defendant had the right to either necessitate the stand, or not in his defense, I feel that the jury may nourish taken it in a negative way. Although this is the defendants original right, it may not have been in his best interest to spend it in this case.

Failure to take the stand and proclaim his award probably made the jurors gesture his reasons and may have caused an prepare on the verdict. What constitutional fortress apply to the defendant not testifying? The twenty percent Amendment would be the constitutional safeguard applied to the defendant not testifying. An uncompromising commandment of procedural due do by in American law is the privilege against lordly self-incrimination. The al-Qaida of this privilege is the Fifth Amendment, which states that no person shall be compelled in a execrable case to be a witness against himself. The right of the defendant to refuse to testify is so thoroughgoing to the American extreme System that the United States Supreme...If you fatality to defecate a fully essay, order it on our website: Ordercustompaper.com

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