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I need some assistance with these assignment. 5th amendment double jeopardy Thank you in advance for the help!
I need some assistance with these assignment. 5th amendment double jeopardy Thank you in advance for the help! The final provision is that in some cases, the state cannot be allowed to prosecute an individual for the second time after their trial has been dismissed on prematurely either through a mistrial of having the charges dismissed (Rudstein, 2005). The most common and widely accepted definition of the clause of double jeopardy in the US context was proposed by the Supreme Court in Green v. the United States wherein the presiding judge Hugo Black stated that: “The constitutional prohibition against "double jeopardy" was designed to protect an individual from being subjected to the hazards of trial and possible conviction more than once for an alleged offense” (Sigler, 1969) This paper will undertake a discussion of the double jeopardy statutes with emphasis on the background application as well as some of the issue that arises in its wake culminating in a discussion of its advantages and disadvantages.
Although the law appears to be based on a relatively modern and even liberal principle, it is worth noting that it is one of the oldest known legal statutes in both written and unwritten laws transcending numinous culture and traversing diverse societies throughout the ages. In around 355B.C Demosthenes. and Athenian statesman of note said that the law cannot allow the same person to be tried for the same crime twice. This principle was codified by the Romans later in the digest of Justinian in 533 A.D and it survived despite the rapid deterioration of traditions that resulted from the incursion of Jewish and Christian learning and traditions (Baum, 2000). The concept is said to have survived through to the middle ages and this is reflected in the canon laws and teachings of early Christian writers who would have otherwise been expected to dismiss most of the grace roman traditions and pagan and sinful. .
