THE ENTRAPMENT

RIZAL'S ARREST, EXCILE AND TRIAL

I. INTRODUCTION
Double jeopardy is a criminal procedural defense that prevents a criminal
defendant from being tried for the same criminal act twice after an acquittal or
conviction. A procedural defense is a defense arguing that the defendant should not be
liable for the charges raised against them, despite not having anything to do with the
substance of the criminal act or the individual's guilt or innocence.
The double jeopardy protection exists for several reasons. First, it prevents the
government from using their seemingly unlimited resources to attempt to bring to
court innocent individuals multiple times until the government gets a conviction. An
example of this could be a man who is accused of punching his wife who is found not
guilty after a jury trial. This would prevent the prosecutor from charging the
defendant over and over until he is finally found guilty.
Secondly, it protects people from the social and financial costs of multiple
proceedings. A court process is expensive: the costs of hiring a lawyer, the emotional
costs on the defendant and that person's family and the funds that have to be paid to
the court can all add up. The double jeopardy defense protects the person from these
emotional and financial costs.
Lastly, it minimizes judges being able to punish defendants multiple times for
the same crimes. For example, if a judge sentenced a man who was accused of
punching his wife, this would prevent the same judge from sentencing him twice for
the same action. If a defendant claims double jeopardy in court, the attorney will put
evidence in front of the court to review if the claim is accurate. The court will
consider documents and facts from both proceedings in making the determination.
Some of the documents the court may review would be police reports from the act,
doctor evaluations and paperwork from prior court proceedings.

Jose Rizal and his selfless sacrifice continues to echo in the consciousness of
every Filipino. Much as the decision to execute Rizal seemed harsh and unjust, it was
an expected verdict since Spain was facing a difficult time in quelling the revolution
in Cuba and could ill afford another rebellion in her colony in the Orient. The easy
way out, the Spanish colonial authorities must have presumed, was to snuff out
swiftly the leading voice of reform, and Rizal was the perfect fall guy. In their
zealousness to hold him accountable, they even imprisoned Paciano and mercilessly
tortured him to implicate his younger brother. It was a veritable open-and-shut case:
Rizal inspired the revolution through his writings and the insurgents were his
henchmen carrying out his call for freedom. Did he not establish an illegal association
called the La Liga Filipina, which was a precursor to the Katipunan?

II. OBJECTIVES
 To further explain the meaning of double jeopardy
 To expound the significance of double jeopardy in Rizal's trial and execution.
 To give proofs and evidences that the court deprived Rizal of his right against
double jeopardy.
 To explain further Rizal's respond towards the charges against him.

III. PROBLEM
To prove that the assigned topic to me which is DOUBLE JEOPARDY is said to be
related to the main topic THE ENTRAPMENT- RIZAL'S TRIAL, EXCILE AND
EXECUTION.

ALTERNATIVE SOLUTION NO. 1

 In July 1892 Rizal had been arrested on the charges of being anti- Spanish
because of his anti-church writings, of having smuggled to Manila of anti-
friars leaflets, and of having dedicated his three novels to three traitor priests -
all these accusations being prompted by the suspicion that he was going
around the country organizing Masonic lodges and other illegal association
like La Liga Filipina.
Advantages:
  Though he was not tried against these charges he was pronounced guilty and
was sentenced to deportation without the benefit of due process. He was
forced to undergo penal servitude during those four years in Dapitan. In
December 1896, he was brought to trial again on the same charges. His being
was then exposed to double jeopardy which help his counsel, Lieutenant
Taviel De Andrade to point out that his case evolved around his past life,
works, writings and his past record as reformer- all of which were already
notorious long before but have not been considered cause enough for hanging
him.
Disadvantages:
 Rizal was tried retroactively and penalized a second time for the same alleged
offenses. The first penalty which leads him to deportation in Dapitan and the
second penalty being a firing squad in Bagumbayan. The bullets that killed
him were unlawful.

IV. CATEGORICAL STATEMENT

I, therefore conclude that the assigned topic to me which is The Double

Jeopardy is said to be one of the rights which the court deprived to Rizal during his
trial. Indeed, the court clearly violated a basic tenet of justice: the prohibition of
double jeopardy.