ASIS International (ASIS) Professional Certified Investigator Practice Exam

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Which right is protected by the 5th Amendment?

  1. Right to counsel

  2. Right to a speedy trial

  3. Double jeopardy

  4. Freedom from cruel punishment

The correct answer is: Double jeopardy

The 5th Amendment of the United States Constitution provides several protections for individuals in legal proceedings. One of the fundamental rights guaranteed by this amendment is the protection against double jeopardy. This means that a person cannot be tried for the same offense more than once after acquittal or conviction. The rationale behind this protection is to prevent the government from subjecting individuals to the emotional strain, financial burden, and inconvenience of being tried multiple times for the same crime. The significance of this protection is rooted in the right to a fair trial and the principle of finality in legal proceedings, which helps to maintain public confidence in the judicial system. Ensuring that individuals cannot be repeatedly prosecuted for the same alleged actions reinforces the notion that once a verdict has been reached, it must be respected and upheld. In contrast, the other options relate to different amendments or rights. The right to counsel is protected by the 6th Amendment, the right to a speedy trial is also part of the 6th Amendment, and protection from cruel punishment is outlined in the 8th Amendment.