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Description
This volume traces the history of the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution. It shows that the constitutional guarantee against double jeopardy has its roots in ancient Jewish and early Greek and Roman law. After recapping the history of the clause the Supreme Court's current interpretation of the clause is explained.
This book describes the circumstances in which the premature termination of an individual's trial bars a subsequent trail for the same offense. It also examines when the Clause prohibits the government from imposing multiple punishments for the same offense. The final chapter includes a discussion of bibliographical sources.
Table of Contents
Series Foreword by Jack Stark
Foreword by Albert W. Alschuler
A History of the Guarantee Against Double Jeopardy
Origins of the Guarantee
English Common Law
Double Jeopardy Protection in America Before the Adoption of the Fifth Amendment
The Adoption of the Fifth Amendment Guarantee Against Double Jeopardy
The Protection Against Double Jeopardy after Ratification of the Fifth Amendment
Analysis
Underlying Policies
"Jeopardy"
The "Same Offense"
Successive Prosecutions
Multiple Punishments
Resentencing
Appeals
Bibliographical Essay
Table of Cases
Index
Foreword by Albert W. Alschuler
A History of the Guarantee Against Double Jeopardy
Origins of the Guarantee
English Common Law
Double Jeopardy Protection in America Before the Adoption of the Fifth Amendment
The Adoption of the Fifth Amendment Guarantee Against Double Jeopardy
The Protection Against Double Jeopardy after Ratification of the Fifth Amendment
Analysis
Underlying Policies
"Jeopardy"
The "Same Offense"
Successive Prosecutions
Multiple Punishments
Resentencing
Appeals
Bibliographical Essay
Table of Cases
Index
Product details
| Published | 30 Dec 2004 |
|---|---|
| Format | Ebook (PDF) |
| Edition | 1st |
| Extent | 288 |
| ISBN | 9780313027826 |
| Imprint | Praeger |
| Series | Reference Guides to the United States Constitution |
| Publisher | Bloomsbury Publishing |
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