Double jeopardy : the history, the law / George C. Thomas III.

Format:

Book

Author/Creator:

Thomas, George C. (George Conner), 1947-

Language:

English

Subjects (All):

Double jeopardy--United States--History.

Double jeopardy.

Physical Description:

1 online resource (363 p.)

Edition:

1st ed.

Place of Publication:

New York : New York University Press, c1998.

Language Note:

English

Summary:

In the first book-length book on the subject in over a quarter century, George C. Thomas III advances an integrated theory of double jeopardy law, a theory anchored in historical, doctrinal, and philosophical method. Despite popular belief, double jeopardy has never been a limitation on the legislature. It functions instead to keep prosecutors and judges from imposing more than one criminal judgment for the same offense. Determining when seemingly different offenses constitute the "same offense" is no easy task. Nor is it always easy to determine when a defendant has suffered more than one criminal judgment. Tracing American double jeopardy doctrine back to twelfth century English law, the book develops a jurisprudential account of double jeopardy that recognizes the central role of the legislature in creating criminal law blameworthiness.

Contents:

The road back to Blackstone : an overview of the argument

Double jeopardy policy and history

Standard double jeopardy approaches

"Life or limb" blameworthiness

Singular/distinct blameworthiness

Bringing coherence to same-offense doctrine

Unifying same-offense theory : a blameworthiness test of collateral estoppel

Second jeopardies : a fresh look at Blackstone's solution

The role of legislative intent in determining the end of jeopardy

A final defense : a bill of particulars and an answer.

Notes:

Description based upon print version of record.

Includes bibliographical references (p. 331-340) and index.

ISBN:

0-8147-8441-0

0-585-42498-5

OCLC:

782878067