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The document discusses the Fifth Amendment's Double Jeopardy Clause which prohibits prosecuting someone twice for the same crime. It provides an example of a man in Dallas who was not charged with murder after pleading guilty to a lesser assault charge for killing his girlfriend. Modern applications protect those acquitted by a jury from facing the same charges again. However, there is some controversy around retrying individuals if new evidence is later discovered proving their guilt. The document concludes with a poll asking if someone found not guilty should be tried again if more evidence is later found.

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53 views8 pages

Untitled Presentation

The document discusses the Fifth Amendment's Double Jeopardy Clause which prohibits prosecuting someone twice for the same crime. It provides an example of a man in Dallas who was not charged with murder after pleading guilty to a lesser assault charge for killing his girlfriend. Modern applications protect those acquitted by a jury from facing the same charges again. However, there is some controversy around retrying individuals if new evidence is later discovered proving their guilt. The document concludes with a poll asking if someone found not guilty should be tried again if more evidence is later found.

Uploaded by

api-319213195
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Amendment #5

By:Taleesa Stewart
May,18,2016
1st Block

Table Of Contents

From The Constitution


The Double Jeopardy Clause in the Fifth Amendment to the US
Constitution prohibits anyone from being prosecuted twice for
the same crime.
No one can go to jail again for a crime that they already
committed.

Popular Court Cases


March 26, 2013: A Dallas man whom police accused of killing his cancerstricken girlfriend went free after prosecutors realized the law wont allow him
to be charged with murder.
Charging Sharone Sylvester Brown, 61, would violate the double jeopardy
standard because he pleaded guilty to misdemeanor assault against Sherry
Whitacre before prosecutors knew she had died and before her death was
ruled a homicide,

Modern Application
There are clear instances when this shield is available, such as when a jury
has acquitted a defendant and the state brings the same charges a second
time. (If the prosecution discovered new evidence of the defendants guilt
after the initial trial, too bad.) Double jeopardy also bars punishment in
certain prototypical scenariosfor example, when a judge tries to resentence
someone who has already served the punishment for the crime in question.

Controversy

Poll Your Class


If a person is found not guilty and more evidence have been
found that they are guilty should they be tried again.
Yes

Nojjh..jg

Conclusion

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