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

Armington, while robbing a drugstore, tang and seriously injured Jennings, a drugstore clerk brought a well-behaved tort congresswoman against Armington for damages. Armington contended that he could non be move again for the equal crime, as that would constitute double jeopardy, which is veto by the twenty share Amendment to the nature. Is Armington correct? Explain. No! Armingtons request to drop the accomplished lawsuit is fruitless, because the 5th Amendment to the Constitution; double jeopardy in any case does non apply if the later on charge is accomplished instead than brutal in nature, which involves a different legal habitual crimes must be turn up beyond a surmisable doubt, whereas well-mannered wrongs need tho be proven by preponderance of evidence (Harper, 2007). Yes, the early(a) 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 let self-incriminating evidence of an illegal cypher punishable by fines, penalties or forfeiture. The Double Jeopardy name encompasses four distinct prohibitions: subterranean prosecution after mercy, succeeding prosecution after conviction, ulterior prosecution after touchable mistrials, and multiple punishments in the said(prenominal) bill of indictment (Harper, 2007).

So lets say Armington was found not guilty in the fell court system, here is an modelling what could happen to him by Jennings; acquittal in a distressing case does not balk the suspect from being the defendant in a well-behaved suit relating to the same misadventure (though res judicata operates inwardly the civil court system). For example, O.J. Simpson was acquitted of a double homicide in a California miserable prosecution, only lost a civil wrongful death take away brought over the same victims (Harper, 2007). So based on the criminal convictions of the felony acts of assault, battery and arm looting in a criminal court. Jennings has the right to work on Armington in Civil woo for Wrongful Act; disorder and...If you want to get a full essay, order it on our website: Orderessay

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