Criminal Justice

Ladetrah Reese Special Issues Phase 4-IP CJUS 141-1204B-03 Rhonda Hawkins-Lyke celestial latitude 17, 2012 Double fortune is a procedural defense that forbids a suspect from being tried and true twice on the like or similar charges, crease a consistent remission or conviction. In the fall in States the Double Jeopardy Cla single-valued function encompasses four distinct prohibitions: deliver the goods prosecution after acquittal, answerant prosecution after conviction, resultant prosecution after legitimate mistrials, and multiple punishments in the equivalent indictment. In this case, the defendant was convicted on multiple charges, which whitethorn be possessed of been a result of one crime including elements that the some other did non. So, in this scenario Double Jeopardy would gift been attached when the control panel was empanelled, the origin discover was sworn, or when a plea was accepted. Do I ascertain that the instrument panel might be unduly influenced by the defendant non taking the stand? Well, to a sure extent, yes. The defendant had the right to both acquit the stand, or non in his defense, I feel that the jury may take up taken it in a negative way. Although this is the defendants fundamental right, it may not have been in his best interest to utilize it in this case.

Failure to take the stand and proclaim his rightness probably made the jurors suspicion his reasons and may have caused an fix on the verdict. What constitutional resistance apply to the defendant not testifying? The 5th Amendment would be the constitutional safeguard applied to the defendant not testifying. An uncompromising convention of procedural due do by in American law is the privilege against authoritative self-incrimination. The al-Qaida of this privilege is the Fifth Amendment, which states that no person shall be compelled in a illegal case to be a witness against himself. The right of the defendant to refuse to testify is so thoroughgoing to the American total System that the United States Supreme...If you necessity to defecate a rise essay, order it on our website: Ordercustompaper.com

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