Research Paper On Double Jeopardy

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Double Jeopardy Double jeopardy is a very old legal practice that has been around for hundreds of years and is still in use today. In 1789, our founding fathers wrote the Bill of Rights, which are the first ten amendments to the United States Constitution. The Fifth Amendment deals with what was referred to as double jeopardy. This amendment guarantees that no person can be tried twice for the same offense, putting them in jeopardy of ending their life. A lesson can be learned by looking into double jeopardy, and deciding the fate of these defendants. One can question whether or not an alleged criminal should be tried again if overwhelming evidence is found that would overturn an earlier conviction. One reason in support of double jeopardy is that the prosecutors are allowed more time to gather evidence and then…show more content…
There have been murderers that admitted to murder after being pronounced innocent. In his critique of double jeopardy, John Fitzpatrick states: At present, the rule against double jeopardy or the plea of autrefois acquit or autrefois convict, means that nobody can be tried twice for the same offence. It is the acquittal part, of course, that is most important. In effect, the prosecution has just one go. If you are acquitted, it cannot come back for a second bite. (Fitzpatrick) The jury only has one shot at successfully prosecuting the accused person, so the prosecutors must be sure about their case before it even begins. If the police are almost positive that a person committed a crime, but do not have all the evidence to find them guilty, they could waste valuable time trying to gather more evidence. While they try and figure this out, the person could leave the country, or even commit additional crimes. In many cases, people have been free from conviction because the evidence was not strong enough to convict them. If evidence is found, the new evidence cannot be used to undertake the individual

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