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 caseful 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 pct Amendment to the Constitution. Is Armington correct? Explain. No! Armingtons request to drop the elegant lawsuit is fruitless, because the 5th Amendment to the Constitution; double jeopardy withal does not apply if the later charge is genteel rather than condemnable in nature, which involves a different legal dominion crimes must be proven beyond a apparent doubt, whereas well-behavedised wrongs need only be proven by preponderance of evidence (Harper, 2007). Yes, the other rights inside protects witnesses from being labored to incriminate themselves. To plead the Fifth is to refuse to answer a question because the response could provide self-incrimin ating evidence of an illegal run short punishable by fines, penalties or forfeiture. The Double Jeopardy phrase encompasses four distinct prohibitions: ulterior prosecution after acquittal, subsequent prosecution after conviction, subsequent prosecution after truly 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 embarrass the defendant from being the defendant in a civil suit relating to the same in cident (though res judicata operates inward! ly 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; deflect and...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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