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Lashundra Jones_Unit 3 Assignment_LS311

Lashundra Jones_Unit 3 Assignment_LS311 - convicted for...

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Double Jeopardy 1 Unit 3: Double Jeopardy Lashundra T Jones January 22. 2011 LS311-03 Professor Thompson Kaplan University
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Double Jeopardy 2 Double Jeopardy What is double jeopardy? Double Jeopardy when dealing with the law is not being tried twice in the courts for a criminal offense (Miller & Jentz, 2008.) This article is part of the Fifth Amendment which guarantees that no citizens will be charged twice for the same criminal crime. The Fifth Amendment however, does not omit an individual from being tried for the same crime in a civil suit. We are all familiar with the O.J. Simpson case at which Mr. Simpson was acquitted of all murder charges but later was charged for the same crime in a civil suit. This would not be considered double jeopardy and is similar to what Armington is facing with his charges. Another example of this would be the criminal prosecution for a homicide and then a second trial for the same defendant for a civil tort. In the Armington v. Jennings case, Armington was charged and
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Unformatted text preview: convicted for armed robbery and assault and battery. Well Jennings can now go into civil court and file suit, this will create a second prosecution in a federal court under the federal statue such as civil rights violation or a malicious intent. So in all actuality Armington is not being charged twice for the crime they are just using the same crime as bases for the defense. Another case that has proven that Armington is incorrect would be the case of U.S. Attorney's Office for the Eastern District of Pennsylvania v. Novartis who was charged in criminal and civil court for promoting off label uses of the anti-epilepsy drug oxcarbazepine (Trileptal). (Med page Today.com, 2010) Double Jeopardy 3 Reference Med page Today, 2010, Novartis Settles Civil and Criminal Cases for 422.5 Million, Retrieved January 22, 2010 from: http://www.medpagetoday.com/PublicHealthPolicy/FDAGeneral/ 22522 Miller, R., & Jentz, G. (2008). Fundamentals of business law part I . Boston, MA: Cengage....
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