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 suit 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 portion Amendment to the Constitution. Is Armington correct? Explain. No! Armingtons request to drop the polite lawsuit is fruitless, because the 5th Amendment to the Constitution; double jeopardy as well as does not apply if the later charge is polite rather than outlaw in nature, which involves a different legal conventionality crimes must be proven beyond a seeming doubt, whereas genteel wrongs need only be proven by preponderance of evidence (Harper, 2007). Yes, the other rights inside protects witnesses from being great(p) to incriminate themselves. To plead the Fifth is to refuse to answer a question because the response could provide self-incriminati ng evidence of an illegal educate punishable by fines, penalties or forfeiture. The Double Jeopardy phrase encompasses four distinct prohibitions: ulterior prosecution after absolution, ensuant prosecution after conviction, subsequent prosecution after sure 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 hold open the defendant from being the defendant in a well-bred suit relating to the same inci dent (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 court. Jennings has the right to work on Armington in Civil Court for Wrongful Act; disarray and...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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