Double Jeopardy

Paper Summary:

This paper argues that, despite ambiguities, the provision of double jeopardy provides important protections against tyranny, harassment, and malicious prosecution. Furthermore, there are already adequate exceptions to the double jeopardy rule to ensure against criminals being able to take advantage of such "technicalities." Given these arguments, this paper maintains that the double jeopardy rule must continue to be upheld.

From the Paper:

"The Fifth Amendment of the Constitution specifies a Double Jeopardy Clause. This clause expressly states that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb" (Constitution, Amendment V). This principle was enshrined expressly to protect individual citizens from excesses of the state or representatives of the government. The Fifth Amendment's provision regarding double jeopardy thus functions to protect individuals from harassment or tyranny by those in authority."

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