The Double Jeopardy Clause

Paper Summary:

This paper discusses the Fifth Amendment, double jeopardy clause and the double jeopardy rule in England. The papre relates that, recently, England scrapped the 800-year old law to allow retrial of those defendants that had been acquitted of serious felony offenses. This paper visits the case of Mr. William Dunlop for the crime of murder and discusses the outcome of the case in detail. Several cases are also explored pertaining to the double jeopardy clause in the Fifth Amendment of the US Constitution. These cases help explain how the double jeopardy clause is affected by caselaw from the United States Supreme Court and how that influences the double jeopardy clause. The presentation before the courts of both sides of the issue presenting a pro/con or for/against are also discussed in detail.


Table of Contents:
Abstract
Introduction
Body of Paper
Conclusion

From the Paper:

"The prosecution can appeal prior to trial commencing (see Serfass v. United States, 420 U.S. 377 [1975]) where the judge has ordered the dismissal of the indictment against the defendant. The prosecution may appeal a ruling after jeopardy has attached itself to the proceedings but prior to the termination of the proceedings, so long as the trial did not produce a basis of innocence for the accused (see United States v. Scott, supra, 687). The prosecution may not appeal an acquittal. Even if the judge or jury order the acquittal, double jeopardy attaches itself after the acquittal has been established."

Sample of Sources Used:

• Anderson, W. L. (2004). Terry Nichols and Double Jeopardy. Retrieved 19-Nov-2006 from http://www.lewrockwell.com/anderson/anderson91.html
• Answers.com. (2006). Double jeopardy. Retrieved 28-Dec-2006 from http://www.answers.com/topic/double-jeopardy
• BBC.co.uk. (2005). Double Jeopardy. Retrieved 16-Nov-2006 from http://www.bbc.co.uk/dna/h2g2/A3477972
• BBC News. (1999). Double Jeopardy: The defendant's friend. Retrieved 19-Nov-2006 from http://news.bbc.co.uk/2/hi/uk_news/284934.stm
• BBC News. (2005). Double jeopardy law ushered out: A legal principle which prevents people being tried for the same crime twice has been scrapped in England and Wales. Retrieved 19-Nov-2006 from http://news.bbc.co.uk/2/hi/uk_news/4406129.stm

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