constitution


Fifth Amendment

Fifth Amendment

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Fifth Amendment

The concept
of double jeopardy is addressed in the Fifth Amendment, which relates to the
clause stating “[…]nor shall any person be subject for the same offence
to be twice put in jeopardy of life or limb[.]” In other words, once a
person is acquitted for a crime, that individual cannot be tried again for the
same offense.

However,
this does not apply in terms of trials carried by different governments. The Federal
and State Government, under law, are considered to be two different government
systems, and it may possible for an individual to be acquitted at the State
level of a crime, but be retried for the same crime at the Federal level.

Self-incrimination is another aspect that protects
citizens from being forced or coerced into incriminating themselves when
witness during a court proceeding. This clause has its history with the use of
torture tactics to make witnesses confess to certain crimes. 

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