If you were to file a motion for double jeopardy, on what basis would it need to be filed?
Please show me an example or a website where I can get an example of how to write one?
Answers:
I didn't think you needed to file motions for double jeopardy. But I think the basis of the legal principle is in the fifth amendment to the US Constitution.
It says, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
The "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb" part is the double jeopardy part.
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