A change has been happening to the nature of an age old legal right. To people in some countries and jurisdictions this has been a fundamental right, up there with a person’s right to trial. It has been a free standing rule for over 2000 years of recorded history. A person has the right to their day in court, but this addresses a person’s right to not have the same charges brought against them over and over again.
Known as double jeopardy to most, it is the idea that once you are brought in front of your peers or a court, once set free, no one may attempt to punish you for this act again. So why is the traditional understanding of former/double Jeopardy being put into jeopardy?
Inhaltsverzeichnis (Table of Contents)
- I. Introduction
- II. Origins of Double Jeopardy
- III. Double Jeopardy in America
- A. Origins and Early Adoption
- B. The 5th Amendment
- C. Evolution Through Case Law
- IV. Double Jeopardy Reform in the British Commonwealth
- V. Reasons to Reform
- VI. Double Jeopardy Reform in America
- VII. Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper examines the historical development of the double jeopardy principle and its evolving application in American law. It delves into the reasons for reform in the United Kingdom and explores the arguments for reform in the context of the 5th Amendment in the United States.
- The historical evolution of the double jeopardy principle.
- The impact of double jeopardy on the criminal justice system.
- The arguments for and against reform of the double jeopardy principle.
- The potential consequences of reform.
- The role of case law in shaping the understanding of double jeopardy.
Zusammenfassung der Kapitel (Chapter Summaries)
- I. Introduction: This chapter introduces the concept of double jeopardy, highlighting its historical significance and the ongoing debate surrounding its reform. The chapter lays out the key areas of focus for the paper, particularly the evolution of double jeopardy in American law and the arguments for and against reform.
- II. Origins of Double Jeopardy: This chapter traces the origins of the double jeopardy principle, exploring its presence in ancient legal systems and its gradual development in English common law. The chapter highlights the role of landmark cases, such as The King v. Read, in solidifying the concept of double jeopardy in the English legal system.
- III. Double Jeopardy in America: This chapter details the introduction of the double jeopardy principle into American legal tradition, focusing on its origins in colonial laws and its eventual inclusion in the 5th Amendment of the U.S. Constitution. The chapter explores the role of case law in shaping the understanding and application of the double jeopardy clause in the United States.
Schlüsselwörter (Keywords)
The key concepts and topics explored in this paper include double jeopardy, the 5th Amendment, criminal justice, legal reform, historical evolution, case law, common law, and the British Commonwealth. The paper examines the historical origins, contemporary applications, and potential future developments related to double jeopardy.
- Citation du texte
- Yuce Baykara (Auteur), 2010, The Changing Tide of Double Jeopardy and American Reform, Munich, GRIN Verlag, https://www.grin.com/document/338686
