Double jeopardy
CLEP American Government, Chapter 22 Double jeopardy The Double Jeopardy Clause protects a person from repeated prosecution or unauthorized multiple punishment for the same offense. The protection promotes finality and prevents government from wearing down an accused person through repeated trials. Jeopardy ordinarily attaches when the jury is sworn or, in a bench trial, when […]
Self-incrimination
CLEP American Government, Chapter 22 Self-incrimination The Fifth Amendment protects a person from being forced by government to provide an incriminating testimonial communication. Each word matters. A response is testimonial when it reveals knowledge or thought, incriminating when it creates a real danger of criminal liability, and compelled when government forces the response. A prosecutor […]
