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Emily McKeel
The Double Jeopardy law prevents criminals from being repeat offenders meaning they cannot be charged with the same crime more than once.
Under the Fifth Amendment, which includes the Double Jeopardy Law, it states that a person cannot be tried for the same offense twice.
It still applies no matter the severity of the crime the defendant is being charged with.
Cartoon by Dhaka Tribune
A person being charged with a count of burglary in front of a jury at trial, where the jury concludes that the defendant should be acquitted. Being acquitted means the jury did not find the defendant guilty of the count.
Even if the prosecution still believes the defendant is guilty of the Double Jeopardy rule the prosecution cannot retry the defendant for the same charge. There are very few exceptions to this rule under certain conditions.
This case starts out with Blueford watching over his live in girlfriends 20 month old child.
While watching the child he noticed the child was having trouble breathing and was soon rushed to the hospital where the child was pronounced dead two days later.
The State of Arkansas presented a number of charges, such as: First Degree Murder, Manslaughter, and Negligent Homicide. The case was then turned over to the jury where they found the defendant, Blueford, not guilty on all charges.
The Court declared a mistrial. But the State of Arkansas was not done with Blueford, meaning the state wanted to retry Blueford for the same charges. Blueford the filed to get his Capital Murder and First Degree Murder Charge dismissed based on the Double Jeopardy Rule where he was denied. He then
spent 10 years in prison.
Once he was released from prison on 2016. He went back to his life and took care of his two children. He was then fatally shot in 2019 at age 39 in Northern Little Rock.
What crimes would be considered under the Double Jeopardy rule?
According to State and Federal courts, multiple different tests can determine whether the same facts given have been disputed or not.
The Courts determine if true evidence has been presented in the court and if the defendant is being accused of the same crime again.
Following the legal system the double jeopardy rule helps:
Cartoon Provided By: The Economist