Why Can’t I Go After Your Money For What You Did t

Armington, while robbing a drugstore, shot and seriously injured Jennings, a drugstore clerk brought a well-behaved tort pillow slip against Armington for damages. Armington contended that he could non be tried again for the equal crime, as that would constitute double jeopardy, which is prohibited by the twenty portion Amendment to the Constitution. Is Armington correct? Explain. No! Armingtons request to drop the genteel lawsuit is fruitless, because the 5th Amendment to the Constitution; double jeopardy in like manner does not apply if the later charge is well-bred or else than illegal in nature, which involves a different legal traffic pattern crimes must be proven beyond a seeming doubt, whereas accomplished wrongs need only be proven by preponderance of evidence (Harper, 2007). Yes, the other rights inside protects witnesses from being expectant to incriminate themselves. To plead the Fifth is to refuse to answer a question because the response could p rovide self-incriminating evidence of an illegal make up punishable by fines, penalties or forfeiture. The Double Jeopardy denomination encompasses four distinct prohibitions: ulterior prosecution after forbearance, concomitant prosecution after conviction, subsequent prosecution after in truth mistrials, and multiple punishments in the said(prenominal) indictment (Harper, 2007).

So lets say Armington was found not guilty in the criminal court system, here is an example what could happen to him by Jennings; acquittal in a criminal case does not prohibit the defendant from being the defendant in a gra cious suit relating to the same incident (th! ough res judicata operates inwardly the civil court system). For example, O.J. Simpson was acquitted of a double homicide in a California criminal prosecution, but lost a civil wrongful death claim brought over the same victims (Harper, 2007). So based on the criminal convictions of the felony acts of assault, battery and arm robbery in a criminal court. Jennings has the right to work on Armington in Civil Court for Wrongful Act; derange and...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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