Review the following case. Prepare an analysis that will demonstrate your abilit

Question

Review the following case. Prepare an analysis that will demonstrate your ability to both answer the questions presented and incorporate theories and concepts from this week’s material. Armington, while robbing a drugstore, shot and seriously injured Jennings, a drugstore clerk. Armington was subsequently convicted in a criminal trial of armed robbery and assault and battery. Jennings later brought a civil tort suit against Armington for damages. Armington 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.

Is Armington correct? Explain.

Explanation / Answer

No, he is not:

1. You can bring a civil suit to court multiple times; civil court cases are not subject to the "double jeopardy" rule.
2. This is a different crime - civil and criminal convictions are tried in different courts and are not subject to one another's rules; i.e. one is completely separate from the other other.

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