Double Jeopardy Argumentative Essay

Double Jeopardy is a term used to describe a procedural defense in a criminal court system. According to the Wex Legal Dictionary, The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, “No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . ..” (Wex Legal Dictionary). Essentially, it prevents someone from being charged twice for the same exact crime. Double Jeopardy applies to both the federal courts and state courts. It also applies to juveniles as well, since prosecutors have the option to try a juvenile as an adult.

U.S. v. Lanza was a case law that was decided in 1922 that made a direct impact on the interpretation of Double Jeopardy and the Fifth Amendment right. In brief, Lanza was a bootlegger that was tried and convicted in two separate courts for

However, a further look into the Eighteenth Amendment showed that the it actually allowed for someone to be charged under both jurisdictions. In fact, in the Eighteenth Amendment, it clearly says, “The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.” Now, this legislative language could be a matter or interpretation to the court, but when the court has an underlying interest in the conviction of Lanza, then one would think that they would rule in the governments favor, at Lanzas expense. Lanza even argued that since the punishments were essentially derived from the same courts (United States and State of Washington) that both laws derive their force from the same authority. In the end, Lanza’s arguments fell on deaf ears and he was ultimately convicted in both courts. However, he did get a Supreme Court case law in his