Double Jeopardy Clause

Talia Mercer · AI

2025년 4월 · Publifye AS

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""Double Jeopardy Clause"" explores the intricacies of the Fifth Amendment's protection against being tried twice for the same crime, a cornerstone of Constitutional Law and Criminal Justice. This book examines the historical roots and modern legal interpretations of this clause, especially concerning retrials and appeals. One intriguing aspect is how the definition of ""same offense"" has evolved through Supreme Court Cases, impacting the balance between individual rights and governmental power. Another is the ""dual sovereignty"" doctrine, allowing separate prosecutions by state and federal entities for the same actions, a point of ongoing debate. The book uniquely emphasizes the practical application of the Double Jeopardy Clause, moving beyond abstract theory to examine its impact on plea bargaining, sentencing, and post-conviction relief. It begins by laying out the core principles, then progresses through nuanced analyses of retrials following prosecutorial misconduct or judicial errors, and further dissects the appellate process. By connecting double jeopardy to related fields like criminal procedure and legal history, the book provides a comprehensive and accessible understanding, making it valuable for legal scholars, attorneys, and anyone interested in the intersection of politics and academia.