Joseph, while robbing a drugstore, shot and seriously injured Thomas, a drugstore clerk. Joseph was subsequently convicted in a criminal trial of armed robbery and assault and battery. Thomas later brought a civil tort suit against Joseph for damages. Joseph contended that he could not be tried again for the same crime, as that would constitute double jeopardy, which is prohibited by the Fifth Amendment to the Constitution. Given the facts of this case, discuss fully and answer each issue in question, by applying the rule of law to the facts of this case, and arrive to a conclusion. Define the differences between criminal law versus civil law and discuss the burden of proof required by civil and criminal laws. Define what constitute double jeopardy, the Fifth Amendment and explain whether Joseph is correct, why or why not?

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Law

Marquis

25 July, 11:25

Joseph, while robbing a drugstore, shot and seriously injured Thomas, a drugstore clerk. Joseph was subsequently convicted in a criminal trial of armed robbery and assault and battery. Thomas later brought a civil tort suit against Joseph for damages. Joseph contended that he could not be tried again for the same crime, as that would constitute double jeopardy, which is prohibited by the Fifth Amendment to the Constitution. Given the facts of this case, discuss fully and answer each issue in question, by applying the rule of law to the facts of this case, and arrive to a conclusion. Define the differences between criminal law versus civil law and discuss the burden of proof required by civil and criminal laws. Define what constitute double jeopardy, the Fifth Amendment and explain whether Joseph is correct, why or why not?

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Rubi Salas · Answer 1

HE WAS WRONG

Double jeopardy refers to a situation when a person is being tried for the same case more than once. It is true that Armington had been convicted of the crime, but the civil suits are considered to be different from the criminal convictions, which make it does not fall under double jeopardy