Double
Jeopardy Clause is a clause in the U.S. Constitution that forbids a
person from being tried twice for the same offence. This clause was
added through the U.S. Constitution Fifth Amendment. The principle
behind the adoption of the clause is to prevent state and federal
governments from imposing more than one punishment for the same
offense. This clause thus provides a procedural defense as a right for
any act of being tried twice for the same offence.
This clause prohibits state and federal governments from re-prosecuting
for the same offense, a defendant who has already been acquitted or
convicted. [State v. Detco, Inc., 66 Wis. 2d 95 (Wis. 1974)]
In April, 1992, jurors issued their ruling on a controversial
case
involving the 1991 beating of Rodney King by four LAPD officers. One of
the officers was found guilty of excessive force; the other officers
were cleared of all charges. The reading of the verdicts was broadcast
live, and triggered violence in parts of Los Angeles for three days.
More than fifty people were killed, some four thousand injured, twelve
thousand were arrested and property damage exceeded one ... .
After
the
acquittals and the riots, the United States Department of Justice
sought indictments for violations of King's civil rights. On August 4,
the grand jury returned indictments against the three officers for
'...willfully and intentionally using unreasonable force...' and
against Sergeant Koon for '...willfully permitting and failing to take
action to stop the unlawful assault...' on King."
The jury found Officer Laurence Powell and Sergeant Stacey Koon
guilty, and they were subsequently sentenced to 32 months in prison,
while Timothy Wind and Theodore Briseno were acquitted of all
charges.
There were no riots.
Why the Hell Not?