HJohnston- Double Jeopardy-Unit 8

HJohnston- Double Jeopardy-Unit 8 - Running Head LS305 UNIT...

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Running Head: LS305 UNIT 8 – DOUBLE JEOPARDY 1 LS305- Unit 8 Assignment – Double Jeopardy Heather Johnston Kaplan University October 18, 2016
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LS305 UNIT 8 – Double Jeopardy 2 Double Jeopardy Part I Before the United States Constitution was drafted, the Double Jeopardy Clause had been traced all the way back to Greek, Roman and cannon law. Even before the Bill of Rights was written, each state constitution contained a double jeopardy provision. Since most of American law came from English law, it was taken by James Madison and proposed for the Constitution. When the Fifth Amendment of the United States Constitution was adopted it included a clause that helps protect the American people against being charged twice for the same crime. It is called the Double Jeopardy Clause. The Double Jeopardy Clause reads that a person cannot be prosecuted twice for the same crime if they have been acquitted or convicted of the crime already. While many defendants use the double jeopardy clause to get away with crimes in one state, the clause is not always there to protect them if they commit a crime in two states. With every legal document written, there are excerpts that provide clarity in unique situations (Heritage.org, 2012). Inside the Double Jeopardy Clause is an exception called the Dual Sovereignty Doctrine. The way the Supreme Court defined
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LS305 UNIT 8 – Double Jeopardy 3 the dual sovereignty doctrine is that it provides that when a defendant in a single act violates the "peace and dignity" of two sovereigns by breaking the laws of each, he has committed two distinct "offences" for double jeopardy purposes. In applying the doctrine, the crucial determination is whether the two entities
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