can anyone explain this?

Discussion in 'Law & Justice' started by katmustang12, Jun 1, 2013.

  1. katmustang12

    katmustang12 New Member

    Joined:
    May 25, 2013
    Messages:
    163
    Likes Received:
    6
    Trophy Points:
    0
    im not to sure exactly to sure what the law says on this, or if its true or not, but i heard that if a persn were accused of a crime, let's say rape or child prostitution, and SOMEHOW found him/her not guilty he/she cannot be brought back to trial for the same accusations. well, if this is true, what happens if the person really was doing it but you get the proof AFTER the trial? can you bring him'her in then?


    P.S: i know this is random, but can anyone explain this law (Arizona"Donkeys cannot sleep in bathtubs: You can bathe your donkey in your bathtub just make sure he doesn't fall asleep during his bath.") i mean was this really a serious thing or were they just being funny:confusion:
     
  2. ThirdTerm

    ThirdTerm Well-Known Member

    Joined:
    Feb 12, 2012
    Messages:
    4,328
    Likes Received:
    464
    Trophy Points:
    83
    The Fifth Amendment to the U.S. Constitution provides, "No person shall … be subject for the same offence [sic] to be twice put in jeopardy of life or limb." This provision, known as the Double Jeopardy Clause, prohibits state and federal governments from prosecuting individuals for the same crime on more than one occasion, or imposing more than one punishment for a single offense. Each of the 50 states offers similar protection through its own constitution, statutes, and Common Law.

    Five policy considerations underpin the double jeopardy doctrine: (1) preventing the government from employing its superior resources to wear down and erroneously convict innocent persons; (2) protecting individuals from the financial, emotional, and social consequences of successive prosecutions; (3) preserving the finality and integrity of criminal proceedings, which would be compromised were the state allowed to arbitrarily ignore unsatisfactory outcomes; (4) restricting prosecutorial discretion over the charging process; and (5) eliminating judicial discretion to impose cumulative punishments that the legislature has not authorized.

    http://legal-dictionary.thefreedictionary.com/double+jeopardy
     

Share This Page