Case_Analysis_Unit3 - prevent a person in being tried for...

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Case Analysis U3 Running Head: Case Analysis Unit 3 Case Analysis Unit 3 By Christina Fletcher Business Law LS311-04 Kaplan University November 30, 2010
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Case Analysis U3 Armington, while robbing a drugstore, shot and seriously injured Jennings, a drugstore clerk. Armington was subsequently convicted in a criminal trial of armed robbery and assault and battery. Jennings later brought a civil tort suit against Armington for damages. Armington contended that he could not be tried again for the same crime, as that would constitute double jeopardy, which is prohibited by the Fifth Amendment to the Constitution. Is Armington correct? Explain. Armington is incorrect in claiming double jeopardy in this case. The Fifth Amendment does offer protection for all accused people which is that they cannot be deprived of “life, liberty and property without due process of law”. Double jeopardy does
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Unformatted text preview: prevent a person in being tried for the same criminal offense; however it does not prevent a person from being sued in a civil case brought against them by the victim that may be seeking to recover damages (Miller & Jentz, 2007, p. 137). Therefore in this case the victim, Jennings, could be seeking to recover damages, which can include monies for pain and suffering, loss of income while recuperating and if the victim was injured to where there was enough damage that caused the victim to be permanently handicapped or disfigured, then they could receive a settlement for those damages. Case Analysis U3 References Miller, Roger LeRoy & Jentz, Gaylord A. (2007) Fundamentals of Business Law Part I. Cengage Learning....
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This note was uploaded on 06/07/2011 for the course BUSINESS L 311 taught by Professor Carson during the Fall '10 term at Kaplan University.

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Case_Analysis_Unit3 - prevent a person in being tried for...

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