Double Jeopardy and Legislative Limitations

Paper Summary:

The legal concept of "Double Jeopardy" is a rather simple one to define and to understand; but .application of the Double Jeopardy standard is anything but easy or simple. The paper describes Double Jeopardy as a limitation in court proceedings that the same person cannot be tried for the same crime twice, regardless of the verdict or outcome of the first trial. But, as with all legal procedures and rules of order, there are exceptions to the rule. The paper shows that in cases where new evidence is found that can demonstrate a person's innocence, a trial is considered warranted because the outcome could not adversely affect the person already convicted. If, however, the new evidence could prove an already determined innocent person guilty, then Double Jeopardy rules start being applicable. The paper concludes that Double Jeopardy actively prevents multiple prosecutions and overlapping punishments for the same crime.

From the Paper:

"The key issue in our modern application of Double Jeopardy is whether or not it was intended to just limit the actions of the executive and judicial branches, or whether it was meant to include actions of the legislative branch. The Court's seeming unwillingness to decide if the Clause protects against legislative incursions upon Double Jeopardy values accounts for most of the confusion in Double Jeopardy jurisprudence. By this, it is meant that the Double Jeopardy Clause either does or does not limit Legislative ability to create new and additional punishments for the same crime. For example, does Double Jeopardy prevent Congress from making a law that allows for a person to be given additional punishments for every person secondarily affected by a murder (while current practice is to punish the crime itself, this hypothetical law would allow for the same crime's punishment to be based upon the number of people in the family and community directly affected by the crime and to add additional years of punishment)."

More papers on Double Jeopardy and Legislative Limitations:

• Term Paper # 103056 : "The Double Jeopardy Clause"
• Essay # 53555 : "Double Jeopardy"
• Essay # 49508 : "Double Jeopardy"

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