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Amendment V(5)
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

I'm having trouble with " nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb"..
is that saying that you can't be tried for the same crime 2 times?

2006-11-03 22:41:25 · 6 answers · asked by Anonymous in Politics & Government Government

6 answers

Yes, but that only applies in the federal court, the sate can also prosecute you for the same crime, for example someone robs a bank, thats a federal crime, they are tried and convicted, but they are also charged with state crime for robbery and armed criminal action, they are convicted there as well, and the state and federal time are served seperately

2006-11-04 00:41:49 · answer #1 · answered by paulisfree2004 6 · 0 0

Habeus Corpus is the first definition. The authorities cannot slam you into jail for no reason. They have to charge you with an offense. Then the definition gets very fuzzy because only Congress can declare war, something the government has been unwilling to do since 1941.

The cons have a problem defining war. War is about imposing a government, not reaping war profits.

The second definition makes the ruling of a court of law final if there is no procedural rule broken during the course of that trial, i.e. a hung jury. Once declared not guilty, the same charge cannot be retried on the same person, i.e. the Double Jeopardy clause.

2006-11-04 06:57:42 · answer #2 · answered by Anonymous · 0 0

Correct double jepordy. Wish the Libs would read this part:
except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger;

2006-11-04 06:45:02 · answer #3 · answered by mark g 6 · 0 0

it means you cannot be tried for killing the same person or robbing the same bank at the same time on the same date or committing any such crime at the same time date and place ....more then once just as you cannot eat the same apple, completely more then once

2006-11-04 08:32:41 · answer #4 · answered by canvasman 2 · 0 0

You got it exactly right. That is the double jeopardy rule.

2006-11-04 06:53:33 · answer #5 · answered by Anonymous · 0 0

yes.

2006-11-04 06:51:52 · answer #6 · answered by Cynthia B 3 · 0 0

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