In 1791, the first Congress of the United States ratified them. Bill of Rights Institute (n.d.) Confirmed that the primary purpose behind writing the Bill of Rights was to create greater constitutional protection for individual liberties by listing specific prohibitions on governmental power. According to Schneiter (2002) The goal of creating The Fifth Amendment was that “The Founding Fathers wanted to protect the basic rights of the accused. They objected to many of the ways they were treated by the British in matters of crime and justice. Hence, the Fifth Amendment provides for many protections from unfair methods of prosecution and …show more content…
The Fifth Amendment to the U.S. Constitution says (1791) “No person shall be … nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb” The Double Jeopardy clause protects the citizens from being accused twice for the same crime. Furthermore, it prevents the state or government from exposing the defendant to the emotional, psychological, physical, and financial troubles that may reflect as multiple trials for the same alleged offense. Courts have been demonstrating the Double Jeopardy clause by achieving three feasible goals: The accused is guaranteed by not facing a second prosecution after the previous acquittal, conviction, and not receiving multiple punishments for the same offense. However, the courts have not interpreted the Double Jeopardy portion as either prohibiting the government from reviewing a sentence or constraining a penalty’s length on rehearing after the defendant’s successful appeal. Because jeopardy refers to the risk of conviction, it does not attach unless a potential danger of a crime exists. For instance, if a situation leads the trial court to state a mistrial, or the mistrial only results in minimal delay and the government does not receive an added opportunity to reinforce its case, jeopardy is not attached. Reported from Legal Information Institute