Criminal Justice

Ladetrah Reese Special Issues Phase 4-IP CJUS 141-1204B-03 Rhonda Hawkins-Lyke December 17, 2012 Double Jeopardy is a procedural defense that forbids a suspect from being tried twice on the akin or similar charges, avocation a legitimate acquittal or conviction. In the conjugate States the Double Jeopardy Cla subroutine encompasses four distinct prohibitions: win prosecution after acquittal, ensuant prosecution after conviction, later(prenominal) prosecution after legitimate mistrials, and multiple punishments in the homogeneous indictment. In this case, the defendant was convicted on multiple charges, which whitethorn be possessed of been a result of one crime including elements that the otherwise did non. So, in this scenario Double Jeopardy would gift been attached when the dialog box was empanelled, the origin discover was sworn, or when a plea was accepted. Do I feel that the jury might be unduly influenced by the defend ant non taking the stand? Well, to a real extent, yes. The defendant had the right to either take the stand, or non in his defense, I feel that the jury may sport taken it in a negative way. Although this is the defendants constitutional right, it may not have been in his best interest to practice session it in this case.

Failure to take the stand and proclaim his accolade probably made the jurors question his reasons and may have caused an touch on the verdict. What constitutional safeguard apply to the defendant not testifying? The Fifth Amendment would be the constitutional safeguard applied to the defendant not testifying. An uncompromising principle of procedural d ue do by in American law is the privilege a! gainst required self-incrimination. The al-Qaida of this privilege is the Fifth Amendment, which states that no person shall be compelled in a criminal case to be a witness against himself. The right of the defendant to refuse to testify is so thoroughgoing to the American Constitutional System that the United States Supreme...If you extremity to defecate a full essay, order it on our website: OrderEssay.net

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