Criminal Justice Special Issues

Criminal Justice Special Issues

Question 1

At what stage in the criminal justice process does double jeopardy attach itself to the proceedings? Why? Explain your answer.

Double jeopardy refers to the conviction of a person for a crime twice. It comes in when a person has committed a certain crime and has been charged with it or convicted for it. This means that the purpose of double jeopardy prohibition is to put finality to the criminal proceeding. It attaches itself to the criminal proceedings only when the convicted has committed a crime of same nature and intensity a second time (US Legal, 2013). Hence, there should be a repetition of crime. In this case, it is imperative to understand that double jeopardy is applicable only in subsequent criminal proceedings, as per the Supreme Court rule, and not prevent a private litigant from initiating a criminal proceeding.

Jeopardy attaches after the jury has sworn in a jury trial (US Legal, 2013). Since, in the above case there is no mention of a jury, the jeopardy can attach after the first witness swore. In this context, it is also important to highlight that any action that has been taken by the government before the jeopardy was attached will not sustain in that in the future if the person commits a similar crime again, it is very much likely that he will be prosecuted for it and criminal proceedings will take place.

Question 2

Do you feel that the jury in this case might be unduly influenced by the defendant not taking the stand in his own defense? Why or why not? Explain your answer.

I think the jury will not be influenced by the defendant not taking a stand in his own defense. He is indigent and cannot afford to hire a defendant because of ...