Answered
In State Laws
Why did double jeopardy become a law?
First off, it's not a law; it's a constitutional right for all Americans. It is embedded in the 5th Amendment to the United States Constitution. It was adopted at the Philadel…phia Convention by the First U.S. Congress on December 15, 1791. Its reason for existence is simple: If you were on trial, would you want to be tried multiple times? Doesn't that dismiss the justice system altogether? I mean seriously, who needs to have courts if you can just keep retrying defendants over again whether they be found not guilty or guilty. Remember, Double Jeopardy protects against being tried twice for the same offense. It isn't just for those who have been acquitted, but for those convicted or those pardoned. An example of pardon would be the Scooter Libby trial when President Bush pardoned him for his crimes. He cannot be retried because of that. Furthermore, let's say you were driving drunk and were arrested and convicted. It was your third offense, but the judge only gave you one month in jail when the prosecution thought you should have received a year. Do you think that you should be retried for that offense after being released from jail? I would be upset if I were. (MORE)
