Double Jeopardy - Research Paper Example

Comments (1) Cite this document
In the discipline of law, double jeopardy means that an individual who has previously been acquitted or convicted of a crime should not be prosecuted or punished for the same offence twice (Broadbridge 2). …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.1% of users find it useful
Double Jeopardy
Read TextPreview

Extract of sample "Double Jeopardy"

Download file to see previous pages Double jeopardy is regarded as an abuse of process because the same person is brought to the court based on the same facts. The rule of double jeopardy has received dramatic attention in the past few areas and critics are constantly calling for upgrading the rule because of its failure as it is causing injustice in the society.
A classic reason often quoted for advocating the rule of double jeopardy and is often cited in academic literature and law cases was made by Black J in the case of Green v United States (US Supreme Court 187). The idea behind the statement which he believed is ingrained in the mind of American system of jurisprudence is that the State should not be allowed to make multiple attempts to allege a charge to convict a person for an offence, thereby subjecting him into incur unnecessary expenses, making him disgraceful in the society, and it causes the individual to suffer from embarrassment & mental turmoil. This compels him to live a life full of anxiety and insecurity, and also increases the chances of the individual to be declared guilty even though he might be innocent.
Double jeopardy is recognized as a constitutional right in several countries. The fifth amendment of constitutions of United States of America states: “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb” (AFA para. 3). ...
Double jeopardy is recognized as a constitutional right in several countries. The fifth amendment of constitutions of United States of America states: “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb” (AFA para. 3). In addition to that, it is also recognized in international laws. For instance, the Article 14 (7) of the International Covenant on Civil and Political Rights states that “No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country” (ICCPR 14). In United Kingdom, this principle is famously known as ‘Connelly principle’ after the case of Connelly v Director of Public Prosecutions as it was regarded as an abuse of process. Lord Pearce in this case stated that a man should not be tried for a second offence which is clearly inconsistent on the facts with either a previous conviction or acquittal. The court should apply judicial discretion under such circumstances as without such a process, injustice will prevail (Johns 3). In Australia, the High Court’s decision regarding R v Carroll triggered a reform about the rules of double jeopardy (Johns 7). The case was concerned with a murder of an infant girl named Deidre Kennedy in 1973, for which Raymond Carroll was prosecuted for the case by the court. The girl was strangled in Queensland and her body was found with bruises on left thigh which were identified by medical experts as marks of human teeth. Carroll defended himself by swearing an oath and claiming that at the time of murder he was attending a course at RAAF base in South Australia. The defendant ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Double Jeopardy Research Paper Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from
(Double Jeopardy Research Paper Example | Topics and Well Written Essays - 750 Words)
“Double Jeopardy Research Paper Example | Topics and Well Written Essays - 750 Words”, n.d.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
hermistoncoby added comment 1 day ago
Student rated this paper as
The topic of "Double Jeopardy" is quite often seen among the tasks in university. Still, this sample opens a brand new perspective of seeing the question. I’ll use the style for my own essay.


Double Jeopardy

...? Double Jeopardy Double Jeopardy is a provision of the US Constitution’s Fifth Amendment that seeks to prohibit the double prosecution or the imposition of multiple punishments on offenders for a single offence (Dictionary, 2010). This clause aims to ensure individuals remain protected against negative social, emotional and financial effects resulting from successive prosecutions. Moreover, it serves to preserve the integrity and finality of court proceedings. Finally, double jeopardy seeks to deter governments from using their superior resources against innocent persons; for example, prosecutorial and judicial...
3 Pages(750 words)Essay

Double Reckoning

...Prof. Academia Letter 4 April 2006 Double Reckoning Then, at two hours after midnight, the land appeared. Christopher Columbus Friday, 12 October There was a double reckoning even though the Captain knew the day is coming when everybody must give an account of all the things done under the sun. There was a double reckoning because of terrors that can only be understood by those who are in the edge. The sheer terror of being trapped, in between the point of no return and a never ending vista of nothingness - water stretched as far as the eye can see. A place where the monotony is rarely broken and if ever it is only through an occasional dolphin or a shark that unobtrusively juts it...
3 Pages(750 words)Essay

On Sexual Double Standard

...On Sexual Double Standard The fate of an individual is undeniably almost always determined by sexuality. Suppose someone is known to have slept with twenty people. It is irrefutable that people's reaction with the sexual experiences will significantly depend one thing-gender. If the person concerned is a guy, he will surely be admired by the whole male community and earn their respect. He will make a good impression with girls which breeds attractions and desires. He will be receiving compliments and be labeled as a "player." One the other hand, a girl with the same sexual experience will surely become subject to ridicule and disrespect. Guys will take advantage of her, use her, and try to get her to bed. She will have a...
3 Pages(750 words)Assignment

Guanxi in Jeopardy

...YM Leyson For: Unidentified Guanxi in Jeopardy 29 March, 2006 The concept of "guanxi" pertains to the long term relationship of commitment, loyalty and obligation. According to Chen and Chao, a quality "guanxi" in Chinese where it originated "is characterized by mutual trust and dynamic reciprocity and long term equity principles". It is considered a "way of life" and serves as the guiding factor in business and political organizations. From a sociological perspective, organizations formed take on the diverse cultures of the people that constitute them. The growth of its nation is greatly influenced by the norms and behavior of the society. When other countries decide to conduct business and partake on the growth and...
2 Pages(500 words)Essay

Risk Analysis(Costa Rica) - international management

4 Pages(1000 words)Essay

Double-Entry Bookkeeping Systems

...Double Entry Bookkeeping System Double Entry Bookkeeping System The Double Entry Book keeping system is a formal set of rules and procedures set up within the field of financial accounting in order to ensure that errors may not be committed while recording the day to day transactions that a business processes. The double entry system has certain rules which clearly specify that a transaction may be recorded twice in their respective journal or ledger account. The transaction would be entered in their respective ledger account with one entry being posted on the debit side of an account ledger whilst the other being post on the credit side of its respective account. Both...
1 Pages(250 words)Assignment

HIV jeopardy game

...Which mode of transmission accounts for the highest rate of HIV transmission? a. Sexual inter b. Sharing of sharp objects c. Living in the samehouse Apart from accidental pricks by sharp objects and sharing of the similar objects, what other mode of HIV transmission occur through the blood system. a. Sharing a bed with an infected person b. Blood transfusion c. Blood screening Scientists explain that an infected mother can transmit HIV virus to her child, before and after birth, how can HIV virus be transferred from a mother to her child before birth? a. Being inside the mother’s body automatically transfers the virus b. Through transfer of nutrients c. Through shared blood In which ways can a mother infect her child after birth... mode of...
4 Pages(1000 words)Essay

Double Jeopardy

...Double jeopardyDouble jeopardy’ , directed by Bruce Beresford refers to a 1999 American thriller film. The film excellently portrays the procedural defense law where a defendant cannot become prosecuted or charged again after a legitimate acquittal or conviction. The film follows the life of Elizabeth, also called Libby, who gets framed for the murder of her husband (Beresford). While serving her prison sentence, she learns that her husband Nick is alive and that he probably faked his death. Elizabeth gets sent to prison where she befriends a couple of other women prisoners. One of her fellow inmates offers her a piece of legal advice concerning the 5th amendment of...
1 Pages(250 words)Essay

Double Standards in Sexuality

...Double Standards in Sexuality Introduction Sexual double standards are a topic that has existed for a long period of time with different arguments attributed to the perpetuation and development of the same. However, the presence of sexual double standards in the 21st century has remained an issue that has been discussed by different psychologists from different perspectives. Sexual double standard is the development of stereotypic approach to the issue of sexuality with different genders subjected to different treatments. In this situation, some words and slangs are comfortably used to refer to women but ignored or avoided when referring to men, a situation that...
15 Pages(3750 words)Essay

5th Amendment Double Jeopardy

...5th Amendment Double Jeopardy Double Jeopardy, according to the Fifth Amendment s explicitly that one should not be subject for the same offence more than once putting in jeopardy life or limb (Jahncke, 1991); it is provided for by the constitution as a guarantee and it encompasses several protections. For one, it prevents the state from prosecuting and individual for a second time after they have undergone prosecution and subsequently being acquitted of a crime. Secondly the government is not allowed to prosecute someone for a second time for the same offense for which he has already been convicted; thirdly, the state cannot impose multiple penalties on the perpetrator of an offence in subsequent proceedings. The final provision... is that...
13 Pages(3250 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Double Jeopardy for FREE!

Contact Us