Risk

The Double Jeopardy Law: A Serious Risk When Tried for a Federal Crime

For those facing criminal charges, they want to leave the whole ordeal behind once the trial is over.

According to the Constitution, the Fifth Amendment protects a person from being tried for the same crime twice. But is a person safe from being tried again?

Surprisingly, for anyone charged with a federal crime, they can be tried twice.

Because of this, it’s best to find a reliable defense attorney the first time around, for it is brought back to court, they’re going to have to fight to save your case again, but this time the prosecutors will know your defense strategy, which can complicate things.

In this article, criminal defense attorney Rahul Balaram, of Balaram Law Office, answers this question.

What Is Federal Double Jeopardy?

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Double jeopardy occurs when a person is tried for the same crime, part of that same crime, or overlapping crimes more than once.

The Double Jeopardy Clause of the Fifth Amendment ensures that no person will ever be tried for a crime they’ve committed once they’ve been acquitted, convicted, served their punishment, or gone through a mistrial.

Federal double jeopardy is, in a way, prohibited by the Constitution. However, that doesn’t mean a person can’t be tried for the same crime twice.

Because federal and state courts are two different sovereignties, a case can be passed from one to another, which essentially creates a loophole that allows suits to be tried one level and then moved to the next to be tried again.

Is There a Difference Between State and Federal Double Jeopardy?

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Just like on the federal level, the Double Jeopardy Clause applies to the state courts, as well. In other words, there’s not much difference between the two; if a person is convicted of a crime in the state courts, they cannot be sentenced again by the state courts.

So, a Person Can Have Two Convictions?

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Because of the loophole that allows crimes to be tried again, a person technically can have two convictions for the same crime. It’s just that one would be through the state courts, and the other is through the federal courts.

In June of 2019, the Supreme Court reasserted the validity of this exception by declaring that both sovereignties can try a person for violations of federal and state laws, even if some aspects overlap.

Why the Right Defense is Crucial

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Given how complicated court systems can be if you’re facing a hefty sentence—or possibly more than one—you must have the right defense by your side.

The right attorney can help guide you through the processes, knows the ins and outs of the courts, and stays on the balls of their feet to ensure nothing slips by. They can adjust their defense strategy, as necessary, and have a few loopholes up their sleeves to help you avoid a conviction—or two.

The origin of Double Jeopardy

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The idea behind res judicata is old, dating back to 355 BC Athens, Greece. The first legal courts in the western world affirmed that “the law prohibits the same man from being sentenced twice for the same crime.” This clause has survived through the centuries, having stood the test of time through various judicial systems dating from Athens and the Roman Empire to the Middle Ages, the English courts, and the rise of the West.

The concept was not without limitations and abuses, especially in England before the colonization of America. The colonists of America expanded on the definition and made sure that the concept applies to more than just capital crimes. The text was eventually modified to clarify its meaning and is used today by a defense attorney as a means of avoiding undue punishment for the same crime.

The Penal Reform

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It is the most profound transformation that has been made in the area of ​​justice. The following are its advantages:

1. Expands the rights of the victim or offended

When there is a crime, the victim or offended person is the main affected; For this reason, the new Criminal Justice System strengthens your rights. From now on, the victim has a legal advisor throughout the process to be correctly oriented. Similarly, it becomes an essential and active part, which can provide evidence and participate directly in the case.

2.Implements oral trials

Previously, criminal proceedings were carried out in writing. One of the most significant advantages is that today, all the information is presented in oral and public hearings, in which both parties submit their statements.

3. Control Judge

Also, there is a Control Judge. He is in charge of supervising that the entire investigation process is under the law. He is a participant who acts neutrally; On the one hand, it rectifies that the arrest of the accused is legal and fair, and also, ensures that the victims are heard and taken into account.

4. Depressurizes the judicial system

The processes are now shorter since there are effective ways to streamline the criminal process; therefore, reparation of the harm to the victim is also accomplished in less time.

5. Protects the human rights of victims and accused persons

The authorities involved must guarantee that the rights of both the victim and the accused are respected. That is called “due process,” and the penal system needs to function effectively.

How Double Jeopardy Protects Defendants

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A person who commits a crime must be prosecuted and punished for that crime; However, the judicial system must not punish that person unfairly or in a way that is greater than what the crime mandates. It comes into play if a crime is committed, and a defendant is charged with the same complaint by more than one person or group. All claims can be heard, but only one punishment is represented as a single crime was committed. A defense attorney uses this clause to ensure that the defendant receives a fair trial and punishment.

So, to highlight it once again, anyone facing more serious criminal charges should seek the advice of excellent criminal defense attorneys. If a case results in multiple charges or if a complaint is filed after an acquittal, the defendant may be able to use the double-risk defense. Dedicated defense attorneys understand the importance of Fifth Amendment protection and will use it within the framework of a fair legal, criminal defense, and appropriate sentencing.

At Risk for Cardiovascular Disease? Adopt a Dog

Okay, it probably isn’t that simple. After all, dog ownership isn’t for everyone. However, if you have been on the fence about whether or not to adopt a dog (more on that here), this article may push you over the edge.

Turns out, dog ownership has significant benefits to heart health.

1. Lowers Cardiovascular Risk Factors: Blood Pressure and Heart Rate

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Several studies have shown that dogs can help lower both heart rate and blood pressure, two critical indicators of heart health. This effect has been documented in two ways.

First, dog owners in general have lower blood pressure and heart rates than their non-dog owning counterparts. This effect may be in part to not only a direct positive effect on these indicators, but also other benefits of spending time with dogs that we will explore in this article (such as stress relief and higher activity levels). These benefits may translate into a cumulative effect over time as well.

Second, you don’t even have to own a dog to receive these particular heart health benefits. Studies have shown that across age groups and genders, petting or spending time with dogs lowers blood pressure and heart rate.

So, if adopting a dog just isn’t the right choice for you right now, consider how you might incorporate time with other people’s dogs to get some of this heart-healthy benefit:

  • Volunteer to spend time with dogs at a local shelter
  • Ask your neighbor if you can take their dog for a walk
  • Offer to pet-sit a friend’s dog while they enjoy a vacation
  • Visit the dog park and enjoy some time meeting other people’s pets

2. Stress Relief: Good for Heart Health

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One of the most important lifestyle changes that you can make to reduce your risk of heart attack or stroke is to gain tools for better stress management. In these busy modern times, learning to take a break from the hustle-bustle for a little “me time” is just a part of any good wellness plan.

Dogs may actually boost our relaxation efforts by lowering our stress at the hormonal level. Turns out that several studies have demonstrated that even spending time with a dog who isn’t yours can lower your levels of cortisol and boost your levels of oxytocin.

If you are not familiar with these compounds, they are part of the body’s stress signaling system and play a vital role in heart health. High levels of cortisol, the so-called stress hormone, are associated with cardiovascular risk. Likewise, the soothing and calming hormone oxytocin is associated with better cardiovascular health, feelings of wellbeing, and lower stress levels.

It may surprise you to learn that some researchers have even tested these same hormones in dogs before and after they spent time interacting with humans. What they found was that the same benefits at the hormonal level were present for the canine side of the equation as well.

Dogs and humans have been coexisting as partners for as long as 28,500 years according to a recent study. In fact, it is likely that dogs were actually the first animals to be domesticated by humans as early as the Ice Age.

This longstanding partnership with dogs has no doubt left an imprint on both humans and canines – a kind of coevolution has taken place. As humans experience the same rise in oxytocin and drop in cortisol when they have positive interactions with other people, apparently the body also recognizes and responds favorably to the human-dog bond.

3. Get More Active: How Fido Can Help You Stay Fit

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Finally, dogs help us to get more active. That is, several studies show that dog owners as a group get more exercise than people who don’t – and the difference may be significant enough to boost the heart health of pet owners.

A recent longitudinal study, for example, found a significant difference in the amount of time dog owners spent walking, with an average 2,760 more steps per day for the Fido owning crowd.

It should make sense. While it can be difficult to sometimes motivate ourselves to get off the couch and get to the gym, it is hard to resist those big puppy dog eyes at the door telling you it is time for a walk.

If the motivation factor is important to you, then you may even be able to get more activity in your schedule with the help of a dog. If you are looking for a way to get moving and are struggling with the motivation factor, then a dog might be an excellent way to burn more calories while just having more fun.

Just think about all the fun things you can do with a dog that you might be less likely to do on your own:

  • Enjoy a daily jog
  • Head over to the lake for a swim
  • Hit the trails and enjoy some hiking
  • Join a dog sport such as agility or flyball
  • Pack up your car, load up your dog, and take a camping trip to enjoy the great outdoors!

Not sure if a dog will fit into your lifestyle? Adopting a dog just to get the heart healthy benefits of dog ownership is probably not a good idea. However, if you do have some room for a dog in your life, maybe now is the time to do something about it!

Author Bio

Susan is a professional writer with a Masters in Science Studies from Virginia State University, she has also worked as a professional dog trainer for over ten years.

Portfolio Theory and Investment Management

Portfolio Theory and Investment Management are interrelated and have a deep connection when it comes to marketing and financing. Portfolio Theory is related to risk and return. The stockholder is anxious only with the estimated values of safeties and involved in the predictable worth of the portfolio. To get the best out of the expected value of a portfolio, one requires only investing in one security, the security with the extremely anticipated return.

Therefore action based on anticipated return only must be accepted as vivid of definite or balanced investment behavior. It seemed clear that stakeholders are worried about risk and return, and these should be calculated for the portfolio as a total.

Consequently, the portfolio theory is about to make the most of the profits of investments allowing for risk and return. Apart from that in the IS area, IT investments can be accomplished as a portfolio, uniting risk and return to make the best use of the profits of IT investment and select the finest.

The Theory

One of the main and foremost significant and persuasive economic theories that deal with economics and investment, MPT was established by Harry Markowitz and was published in the Journal of Finance in the year 1952 as the title of “Portfolio Selection”.

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This theory is based on Markowitz’s assumption that it is possible for stockholders to project an optimal portfolio to make the most of the returns by taking on a calculable amount of risk. Basically, investors can decrease risk through divergence utilizing a quantitative method.

Apart from that modern portfolio theory states that it is not enough to look at the anticipated hazard and return of one specific stock. By financing in more than one stock, an investor can earn the profits of modification and the most important among them is a decrease in the perilousness of the portfolio.

It has been observed that for most investors, the hazard they take when they purchase stock is that the return will be lower than anticipated. We can also say that it is the eccentricity from the normal return. Every stock has its own standard deviation from the mean, which modern portfolio theory names a risk.

When we talk about the threat in a portfolio of diverse discrete stocks will be less than the risk inherent in holding any one of the single stocks, offered the risks of the many stocks are not openly connected. Think through a portfolio that holds two chancy stocks: one of them can be the one that pays off when it rains and another that pays off when it doesn’t rain. A portfolio that comprises both assets will always pay off, irrespective of the consequences. Totaling one risky asset to another can lessen the complete risk of an all-weather portfolio. Markowitz presented that investment is not just about selecting stocks, but about selecting the right arrangement of stocks between which to allocate them.

Kinds of Risk

When we talk about Modern Portfolio Theory then it encounters two types of risks. They are the following:

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  • Systematic Risk

These are market perils that cannot be expanded away. It includes interest rates, slumps and wars are examples of systematic risks.

  • Unsystematic Risk

It is known as a particular risk, this risk is precise to separate stocks, like alteration in management or failure in operations. This type of risk can be varied away as you surge the number of stocks in your portfolio. It signifies the module of a stock’s return that is not associated with overall market moves.

When it comes to a well-diversified portfolio, the danger or average deviation from the mean of every stock gives little to portfolio risk. Like an alternative, it is the alteration or covariance among distinct stock’s levels of risk that controls overall portfolio risk. Because of a result investor’s take advantage of holding varied portfolios in its place of individual stocks.

Investment Management

Investment management is known as an expression that mentions to the business and vending of investments within a portfolio, and can also comprise investment and accounting duties, as well as taxes. The term most frequently denotes to portfolio management and the interchange of sanctuaries to attain a particular investment objective.

The concept of investment management also stated to as money management, portfolio management or private banking covers the expert management of diverse securities and resources, like bonds, shares, real estate, and other retreats.

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Any student who is up for an MBA degree will probably learn a lot of thing in the academic phase. All those who are looking forward to the online MBA program can make the most of it by getting how exactly investment in management works then Aston University Online will help you to enroll in such programs.

Proper investment management purposes to meet specific investment goals for the advantage of the investors. These investors may be persons who have made investment contracts with fund directors, or recognized investors who may be pension fund companies, administrations, educational establishments or assurance companies. Apart from that investment management services comprise asset allocation, economic statement analysis, stock selection, checking of current investments and plan application.

When we talk about operation an investment management business then it is based on hiring expert managers, dealing, advertising, settlement, preparation of reports for customers, internal auditing, and running separate asset and asset classes research. Separately from hiring marketers and training executives who direct the flow of funds, those who want to run investment management companies must make sure that they move within lawmaking and controlling restraints, inspect internal systems and panels, account for cash flow and appropriately track record dealings and account estimates.

Conclusion

Portfolio Theory initiates some ground rules in Investment Management. It can also be said that investment management has a lot to learn from portfolio theory for better management and finance.