<p>Clarkson-11e Appendix I: Sample Answers for End-of-Chapter Questions with Sample Answer </p><p>Chapter 9: Criminal Law and Cyber Crime</p><p>9–3. Question with Sample Answer </p><p>Armington, while robbing a drugstore, shot and seriously injured a drugstore clerk, Jennings. Subsequently, in a criminal trial, Armington was convicted of armed robbery and assault and battery. Jennings later brought a civil tort suit against Armington for damages. Armington contended that he could not be tried again for the same crime, as that would constitute double jeopardy, which is prohibited by the Fifth Amendment to the Constitution. Is Armington correct? Explain.</p><p>Sample Answer:</p><p>As you read in the text, some torts, including assault and battery,provide a basis for criminal prosecution as well as civil liability. This question aptly demonstrates this principle. Double jeopardy is a criminal law concept and does not constitute a defense against a civil lawsuit. The Fifth Amendment prohibition against double jeopardy means that once Armington has been tried and found guilty or not guilty for this assault, he may not be tried for it again. Nevertheless, Jennings may seek damages for his injuries in a civil lawsuit because Armington’s prison sentence will do nothing to reimburse him for his medical bills and disability. Armington’s guilty verdict has no bearing on the civil lawsuit. The criminal conviction, however, having been proved beyond a reasonable doubt, will likely improve Jennings’s chances of recovering damages from Armington in a civil case. As you will recall, in a civil suit the plaintiff merely has to prove his or her case by a preponderance of the evidence. For Jennings, this burden of proof will probably be much easier to meet, given Armington’s conviction.</p>