JD Next Practice Exam

Question: 1 / 400

Which foundational principle protects individuals from double jeopardy?

The First Amendment

The Fifth Amendment

The principle that protects individuals from being tried for the same crime after an acquittal or conviction is found in the Fifth Amendment of the United States Constitution. This principle, known as "double jeopardy," ensures that a person cannot face multiple prosecutions or punishments for the same offense, thereby safeguarding their rights and providing a sense of finality in legal proceedings.

The Fifth Amendment also encompasses other important rights, such as the right against self-incrimination and the right to due process. In the context of double jeopardy, it underscores the idea that once a person has been acquitted or convicted, they should not be subjected to the uncertainty and emotional strain of facing the same charges again.

In contrast, the other options pertain to different protections: the First Amendment addresses freedoms related to speech, religion, and assembly; the Eighth Amendment deals with cruel and unusual punishments; and the Fourteenth Amendment primarily concerns equal protection under the law and due process at the state level. None of these amendments involve the specific protection against double jeopardy that the Fifth Amendment provides.

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The Eighth Amendment

The Fourteenth Amendment

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