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 congresswoman 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 per centum Amendment to the Constitution. Is Armington correct? Explain. No! Armingtons request to drop the obliging lawsuit is fruitless, because the 5th Amendment to the Constitution; double jeopardy in any case does not apply if the later charge is complaisant or else than vile in nature, which involves a different legal popular crimes must be proven beyond a probable doubt, whereas cultured wrongs need only be proven by preponderance of evidence (Harper, 2007). Yes, the other rights inside protects witnesses from being grueling to incriminate themselves. To plead the Fifth is to refuse to answer a question because the response could provide sel f-incriminating evidence of an illegal use punishable by fines, penalties or forfeiture. The Double Jeopardy word encompasses four distinct prohibitions: ulterior prosecution after mercy, attendant prosecution after conviction, subsequent prosecution after material 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 encumber the defendant from being the defendant in a elegant suit relating to the same incident (though 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 cour t. Jennings has the right to work on Arming! ton in Civil Court for Wrongful Act; trouble and...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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