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Double Jeopardy: The Case Of Jack Mccall

611 Words3 Pages

The United States’ constitution is the fundamental base of the US legal system. The US constitution protects and establishes the basic right for all US citizens. An example the basic right that the constitution protects is the freedom of speech, religion, peaceful assembly and petition. The first 10 amendments are called the Bill of Rights. The Bill of Rights was written by James Madison. The goal of the Bill of writes is to limit the governments control.
The fifth amendment is "No person shall … be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." Due process protects citizens’ life liberty and property. It insures that, if one or more rights …show more content…

Double jeopardy is the prosecution or trying one person for the same crime more then once. Double jeopardy Clause was created for many reasons. It stops the government from using their greater recourses to wrongfully convict innocent people. It also protects an individual from the prosecutors’ powers. It insures that the judge and juries’ decision is final. Finally, it protects the individual from being punished multiple times for the same crime.
A relevant case of double jeopardy is the case of Jack McCall.
Facts:
John McCall was known to be “troubled”. On August 1,1876 McCall was in a bar in Deadwood. On that day, McCall was watching a poker game that included Wild Bill Hickok. When a seat at Hickok’s game freed up, McCall quickly joined the game. McCall, that was drunk at the time, was losing, eventually losing all his money. Hickok approached McCall and offered him a few dollars to get something to eat. McCall was offended by Hickok’s offer, however he accepted it.
The next afternoon, Hickok was sitting in the same poker game table. However, this time, the door was behind him. McCall followed him inside the bar. Feeling insulted and drunk, McCall came behind Hickok and shot him, then he ran away. McCall was tried in Deadwood and was found not guilty. He argued that Hickok shot McCall’s’ brother. McCall was bragging about his verdict in Wyoming and was arrest and put on trial.

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