MT311-02_Unit 3_Case Analysis_Marjorie Bowden

MT311-02_Unit 3_Case Analysis_Marjorie Bowden - the same...

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Armington Page 1 of 3 Armington: Double Jeopardy Marjorie Bowden MT311-02
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Armington Page 2 of 3 While robbing a drugstore, Armington shot and seriously injured the drug store clerk Jennings. Armington was tried and convicted in criminal court of armed robbery, and assault and battery. A civil tort suit was later brought against Armington by Jennings for damages. Armington contends he cannot be tried again for the same crime because this would constitute double jeopardy. Double jeopardy is prohibited by the Fifth Amendment to the Constitution. Double jeopardy is defined as a situation occurring when a person is tried twice for the same criminal offence. Once someone is found not guilty of a crime they cannot be retried for
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Unformatted text preview: the same crime. However, double jeopardy does not prevent the offender from having a civil suit brought against them. In a civil suit the victim of the crime can recover damages. Armington is incorrect in believing he cannot be tried in a civil tort suit. However, he could not be retried in a criminal suit as this would signify double jeopardy which is prohibited by the Fifth Amendment to the Constitution. Armington Page 3 of 3 References: Miller, R. L., & Jentz, G. A. (2008). Fundamentals of business law part I. Mason, OH: Cengage Learning....
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MT311-02_Unit 3_Case Analysis_Marjorie Bowden - the same...

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