The protection against double jeopardy must still be
afforded to criminal defendants because the Fifth Amendment's Double Jeopardy
Clause has been made applicable to state proceedings via the doctrine of
incorporation. Under this doctrine, the Supreme Court has ruled in a series of
cases that the Due Process and Equal Protection Clauses of the Fourteenth
Amendment guarantee to the citizens of every state the right to exercise
certain fundamental liberties.
Hey Guys,
ReplyDeleteI really enjoyed your presentation, most importantly the delivery helps you to remember. Double jeopardy is great. Who wants to keep getting punished for the same thing over and over. I find it very important for our justice system to have this in place. Once a debt is paid, this clause prevents from others trying bite from the apple as well. Just imagine if you can be tried a punished just to be tried and punished again. This would be a direct violation of our freedoms.
Enrique
Kimberly here:
ReplyDeleteThank you for your comment and its funny to think that before this concept of Double Jeopardy existed powerful people sitting in judgment of others could do anything they wanted to make your life miserable legally and keep doing it ! And yes, even though some bad guys may use it to their advantage from time to time, I think it helps way more than it hurts.