V Amendment: Double Jeopardy

The first 10 Amendments to the Constitution are known as the Bill of Rights. Nearly two thirds of the Bill of Rights is dedicated to protecting our rights during a criminal proceeding. We must be afforded due process under these rights when accused of a crime, as well as when being tried in court. The V Amendment is one of the Amendments dedicated to ensuring our rights given to use by the Constitution.

Most people think of the V Amendment as protecting us from self-incrimination. This means that we cannot be forced to take the stand during our own trials. Nor can we be forced to give witness testimony that may incriminate us in a criminal activity. After all how many of us in casual conversation jokingly say, "I plead the Fifth" when we do not want to tell something that we have done or know. However, there is more to the V Amendment than just the protection from self-incrimination.

The V Amendment also protects us from double jeopardy during a criminal proceeding. This means that after you have been tried in court you cannot be charged again for the same crime. The thing is that there are stipulations to this that most people do not realize when it comes to double jeopardy. I am going to do my best to explain the stipulations surrounding double jeopardy so that there is no confusion left surrounding the V Amendment.

While the V Amendment protects us from double jeopardy so that we cannot be retried for the same crime, it does not protect us from being tried by two separate court levels. What this means is that you can be charged and tried by both the state as well as federal. If you committed a crime that falls under federal guidelines as well as state then they both can try you for the same crime. Even if you are found innocent in a state court, you can still be found guilty in a federal court. Or vice versus.

In addition, even if you are found not guilty of any criminal wrong doings, you can still be sued in civil court. No matter what the rulings in the criminal courts are, the civil courts can very well find you guilty. The V Amendment and the protection from double jeopardy do not apply to a family bringing civil suit against you.

Now you understand the double jeopardy part of the V Amendment. Double jeopardy does not protect you from other court charges from a different court level nor from civil court. Even if one fails to makes it case, the other one may very well be able to make theirs. Ignorance is bliss sometimes but ignorance of the law is not. Therefore, you should know what the Amendments can protect you from and what they cannot protect