Why Can’t I Go After Your Money For What You Did t

Armington, while robbing a drugstore, triggerman and seriously injured Jennings, a drugstore clerk brought a well-behaved tort authority against Armington for damages. Armington contended that he could non be assay again for the equal crime, as that would constitute double jeopardy, which is out(p) by the twenty percentage Amendment to the geological formation. Is Armington correct? Explain. No! Armingtons request to drop the genteel lawsuit is fruitless, because the 5th Amendment to the Constitution; double jeopardy besides does non apply if the afterward charge is well-bred or else than iniquitous in nature, which involves a different legal sane crimes must be turn out beyond a likely doubt, whereas accomplished wrongs need just be proven by preponderance of evidence (Harper, 2007). Yes, the early(a) rights inside protects witnesses from being heavy to incriminate themselves. To plead the 5th is to refuse to answer a question because the response could translate self-incriminating evidence of an illegal give out punishable by fines, penalties or forfeiture. The Double Jeopardy denomination encompasses four distinct prohibitions: ulterior prosecution after pardon, resultant prosecution after conviction, attendantal prosecution after truly mistrials, and multiple punishments in the said(prenominal) indictment (Harper, 2007).

So lets say Armington was found not guilty in the savage court system, here is an use what could happen to him by Jennings; acquittal in a bend case does not frustrate the suspect from being the defendant in a civilized 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 condemnable prosecution, provided lost a civil wrongful death statute title 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 philander for Wrongful Act; disorder and...If you want to get a full essay, order it on our website: Ordercustompaper.com

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