Explain the concept of double jeopardy and describe some exceptions to this clause
What will be an ideal response?
Double jeopardy is a protection afforded under the Fifth Amendment and prohibits the trying of an individual more than once for the same crime. It was designed to limit prosecutorial abuse by the government if the individual was previously tried and acquitted on a matter. Double jeopardy is attached once the jury is sworn in or once a witness is called in a nonjury case. The double jeopardy clause of the Fifth Amendment includes three essential protections for American citizens against: (1) a second prosecution for the same offense after acquittal; (2) a second prosecution for the same offense after conviction; and (3) multiple punishments for the same offense. Individuals may not be tried again for the same crime even in cases in which new evidence conclusively proves their guilt. One exception occurs when a case does not achieve legal finality or conclusion. In most cases, a mistrial falls into this category. Another major exception falls under the separate sovereign concept, in which individuals can be tried for the same offense in two separate jurisdictions. For example a person can be tried at the state and federal level for the same crime or at the state level and have a civil court proceeding for the same crime.
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In 1970, Congress passed the Organized Crime Control Act. Title IX of the act, probably its most effective measure, is the:
A) ??Racketeer Influenced and Corrupt Organizations (RICO) Act. B) ??Organized Racketeering Crime Act (ORCA). C) ??Congressional Organized Crime Act. D) ??Whitey Ford Criminal Enterprise Act.
A presentence investigation report is also known as a PIR report
a. True b. False
The laws of most states hold that when two or more defendants are jointly charged with the same offense, they must be tried jointly unless the judge feels that in the best interest of justice separate trials should be granted
To grant a separation of charges is called? A) Stipulation B) Negotiation C) Joinder D) Severance
An offender is convicted of a murder and sentenced to life without the possibility of parole. What type of sentence will this offender serve?
A. sanctioned sentence B. conditional sentence C. indeterminate sentence D. determinate sentence