Principles of Double Jeopardy essay
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The concepts and principles of double jeopardy can be very complex. Most constitutions in different countries provide the right and protection against double jeopardy or protection against previous jeopardy (Pillai 78). The Fifth Amendment protects people charged with crime in constitutions where the principles against double jeopardy do not apply.
These are several reasons why the United States constitution provides the rights to double jeopardy (Conner 135). These reasons are: to prevent the government from using its powers to pin down innocent people, to guide people against emotional and financial strains of double prosecution, to conserve the veracity of the criminal procedure, to guide a defendant against the powers of the tribunal to convey unlawful charges and to deter the authority of the judicial from imposing several punishments that are not allowed by the law (Chambliss 139).
It is essential to know when the rights against double jeopardy apply. The government can commence a criminal proceeding before the individual attaches rights to the case (Conner 26). The rights become fully applicable only if the defendant attaches the rights to the case. The Supreme Court of the United States holds that jeopardy attaches to a case only when the jury is under an oath (Conner 89). Jeopardy also takes effects in a criminal trial without jury when a primary witness is sworn. When Jeopardy ends, the government cannot hold a defendant for additional questions in court.
The law that guides against double jeopardy is a serious law that has taken root in the laws of the United States. Those who go against it are considered to have committed a serious crime. Although, some countries phase it out of their constitution; they still face opposition from the media and other human rights bodies. The law against jeopardy is among the human rights; every individual suspected to have committed a crime has to have a fair trial and proper judgment passed. It is fair for ten guilty persons to escape judgment but unfair for one innocent person to be prosecuted.