Criminal Justice

Ladetrah Reese Special Issues Phase 4-IP CJUS 141-1204B-03 Rhonda Hawkins-Lyke December 17, 2012 Double Jeopardy is a procedural defense that forbids a suspect from being act twice on the akin or similar charges, followers a legitimate acquittal or conviction. In the get together States the Double Jeopardy Cla subroutine encompasses four distinct prohibitions: succeed prosecution after acquittal, ensuant prosecution after conviction, ulterior prosecution after legitimate mistrials, and multiple punishments in the very(prenominal) indictment. In this case, the defendant was convicted on multiple charges, which whitethorn be possessed of been a result of one crime including elements that the different did non. So, in this scenario Double Jeopardy would gift been attached when the panel was empanelled, the origin discover was sworn, or when a plea was accepted. Do I feel that the jury might be unduly influenced by the defendant n on taking the stand? Well, to a definite extent, yes. The defendant had the right to either take the stand, or non in his defense, I feel that the jury may founder taken it in a negative way. Although this is the defendants constitutional right, it may not have been in his best interest to intent it in this case.

Failure to take the stand and proclaim his morality probably made the jurors question his reasons and may have caused an better on the verdict. What constitutional safeguard apply to the defendant not testifying? The Fifth Amendment would be the constitutional safeguard applied to the defendant not testifying. An uncompromising principle of procedural due do by in American law is the privilege against i! mperious self-incrimination. The al-Qaida of this privilege is the Fifth Amendment, which states that no person shall be compelled in a criminal case to be a witness against himself. The right of the defendant to refuse to testify is so thoroughgoing to the American Constitutional System that the United States Supreme...If you want to defecate a full essay, order it on our website: OrderEssay.net

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