Double Jeopardy Case Study Examples
The Fifth Amendment is among the amendments making up the Bill of Rights in the US Constitution. It prohibits double jeopardy and self-incrimination and mandates due process of the law. The Fifth Amendment offers a variety of protections to defendants involved in criminal proceedings, and the main point is that no person can testify against him or herself. The Fifth Amendment also requires that the defendant on trial is first charged with a crime by a grand jury and that the defendant cannot be put on trial for the same crime twice- double jeopardy.
In the case involving Armington, the contention was correct and is supported by the Fifth Amendment to the Constitution. According to the law, robbery has been categorically defined on the last two elements as requiring property to be taken directly from the person or his presence by force or threat of force. For robbery, therefore, there must be force or fear or both. Assault is the threat of bodily harm and battery is the actual physical impact on another person. In this case, Armington was rightfully convicted in a criminal trial for armed robbery and assault and battery and the law should appropriately punish him for that. Beyond that the liability of any case arising should be referred to the higher positioned parties involved with safety and security of the workers /citizens. The defendant, Armington enjoys the Fifth Amendment right not to testify, and the law does not compel him to do so.
Jennings civil tort for damages would be misplaced, in this case, as Armington is only entitled to the initial conviction and not the consequent. The injury or harm that was inflicted in the course of the robbery was part of the robbery process and, therefore, the punishment by law for the offence covers that on the side of the defendant. Jennings should alternatively sue either the store owner or the state for failing to protect him. Beyond the robbery act, there is a party more responsible for ensuring the safety and security of the citizens or the staff.