Double Jeopardy Essay Example | Topics and Well Written Essays - 750 words

Double Jeopardy - Essay ExampleAll severalises embrace the concept of figure of speech jeopardy in their own constitutions and statutes. Benton v. Maryland, 395 U.S. 784 (1969) saw the Supreme Court mandate that all national and state prosecutions must take into consideration the federal biramous jeopardy clause. As a result, all citizens in spite of the different constitutions followed by the state they reside receive the same amount of egis against the federal double jeopardy clause (Thomas, 1998). In order to internalize the concept of double jeopardy, courts must showtime identify the legal proceedings that necessitate double jeopardy protection. As per The Fifth Amendment, cases that threatened the behavior or limb of an offender otherwise referred to as capital crimes or corporal punishments qualified for double jeopardy protection. The US Supreme Court modified this to include juvenile delinquency, felonies and misdemeanors. Double jeopardy protection only applies to c riminal legal proceedings, which are punitive in nature and serve to bring payback and deterrence from criminal behavior. Conversely, it does not apply to civil proceedings, which are remedial in nature tell towards compensating those afflicted by the offender. However, an offender can face both civil and criminal legal suits for the same offence without disregarding the double jeopardy claus