Criminal Justice

Ladetrah Reese Special Issues Phase 4-IP CJUS 141-1204B-03 Rhonda Hawkins-Lyke celestial latitude 17, 2012 Double luck is a procedural defense that forbids a defendant from being assay twice on the uniform or similar charges, avocation a ordered acquittal or conviction. In the conjugated States the Double Jeopardy Cla office encompasses four distinct prohibitions: win prosecution after acquittal, sequential prosecution after conviction, posterior prosecution after legitimate mistrials, and multiple punishments in the equal indictment. In this case, the defendant was convicted on multiple charges, which whitethorn be possessed of been a closure of one crime including elements that the new(prenominal) did non. So, in this scenario Double Jeopardy would gift been attached when the gore was empanelled, the origin discover was sworn, or when a plea was accepted. Do I olfactory perception that the jury might be unduly influenced by the defendant non winning the stand? Well, to a original extent, yes. The defendant had the right to each cod the stand, or not in his defense, I feel that the jury may postulate taken it in a negative way. Although this is the defendants thoroughgoing right, it may not have been in his best interest to enforce it in this case.

Failure to take the stand and proclaim his probity probably made the jurors mind his reasons and may have caused an recompense on the verdict. What constitutional protect apply to the defendant not testifying? The fifth part Amendment would be the constitutional safeguard applied to the defendant not testifying. An uncompromising dogma of procedural due do by in American law is the privilege against positive self-incrimination. The al-Qaida of this privilege is the Fifth Amendment, which states that no person shall be compelled in a distressing case to be a witness against himself. The right of the defendant to refuse to testify is so thoroughgoing to the American native System that the United States Supreme...If you want to defecate a right essay, order it on our website: Ordercustompaper.com

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