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Double Jeopardy A Reference Guide to the United States Constitution
David S. Rudstein
ISBN: 0-313-31180-3
ISBN-13: 978-0-313-31180-2
288 pages
Praeger Publishers
Publication: 12/30/2004
List Price: $110.95 (UK Sterling Price: £76.95)
Availability: In Stock
Media Type: Hardcover
Trim Size: 6 1/8 x 9 1/4
Subjects:
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
About the Author: DAVID S. RUDSTEIN is Professor of Law, Illinois Institute of Technology, where he teaches courses in criminal law and criminal procedure.
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