| Papers [1-15] of 100 :: [Page 1 of 7] | | Go to page : 1 2 3 4 5 6 7 —> | Search results on "DOUBLE JEOPARDY CLAUSE U S": |
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The Double Jeopardy Clause of the U.S. Constitution, 2002.
Contends that there are potential benefits from using the double jeopardy clause of the United States Constitution.
2,400 words (approx. 9.6 pages), 9 sources, $ 89.95
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Abstract
This paper argues that the double jeopardy clause of the fifth amendment of the Constitution of the United States should be used in some cases.
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The Double Jeopardy Clause, 2007.
An extensive discussion of the double jeopardy clause.
7,085 words (approx. 28.3 pages), 33 sources, APA, $ 158.95
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Abstract
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."
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Double Jeopardy, 2004.
An overview of the philosophy, origin, history, development, and scope of the double jeopardy clause.
2,377 words (approx. 9.5 pages), 4 sources, MLA, $ 72.95
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Abstract
This paper examines how the double jeopardy clause is part of the Fifth Amendment to the U.S. Constitution and categorically prohibits re-trial for the same offense. It looks at how the rule is aimed at restricting the powers of the government, protect the individuals from uncertainty about their fate, and encourage ?finality? in the criminal justice system. It provides an overview of the double jeopardy clause and also includes an analysis of the clause aimed at deciphering its exact meaning and intent, differing interpretations of the rule by U.S. courts, and the pros and cons of the rule.
Outline
The Underlying Philosophy
Origins and History
Development and Scope
Contradictory Rulings
Pros and Cons of the Double Jeopardy Clause
What Should be Done?
Conclusion
From the Paper
"The double jeopardy rule is said to have its origins in the controversy between the King of England, Henry II and Thomas Becket in the 12th century AD over the issue that clerics convicted in a religious court may not be punished again in the King?s court. The maxim of ?no man ought to be punished twice for the same offence? was in turn based on St Jerome?s commentary in AD 391 on the prophet Nahum: ?For God judges not twice for the same offence.? Over the following centuries, legal theorists such as Englishmen Edward Coke and William Blackstone recognized the importance the ?double jeopardy? principle. Specific prohibition of multiple trials for the same offense, however, was not enshrined in British law. Only in very special circumstances could a defendant plead prior conviction or acquittal to defeat the prosecution."
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Double Jeopardy, 2008.
Looks at the debate around the legal position of double jeopardy.
2,360 words (approx. 9.4 pages), 9 sources, MLA, $ 72.95
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Abstract
This paper explores situations based on several authorities in which a person may or may not be tried again for the same crime as determined under the double jeopardy clause of the Constitution. The bases its discussion on three Supreme Court cases regarding double jeopardy. The paper concludes that, although the double jeopardy clause was created to offer protection from three specific types of legal abuse; nevertheless, at various times, the federal government will retry an acquitted defendant simply because there is a strong level of dissatisfaction with the first verdict.
Table of Contents:
In Other Words
Words and More Words
Supreme Court Decisions
Jeffers v. United States
Garrett v. United States Garrett v. United States
United States v. Ursery
From the Paper
"At times, Blockburger's rule makes sense. Sometimes, however Blockburger's rule makes far less sense. For example, Amar posits, if a defendant is charged with attempted murder, receives a fair trial and is convicted, afterwards the victim dies from injuries proximately caused by the initial attack, Blockburger's rule would bar a murder trial here. The Supreme Court held in the Diaz case as early as 1912, however that a Blockburger-like test was not be taken seriously in this particular scenario; indicating a second trial should not be barred."
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Double Jeopardy and Legislative Limitations, 2002.
An overview of the legal concept of Double Jeopardy which states that the same person cannot be tried twice for the same crime.
2,444 words (approx. 9.8 pages), 8 sources, MLA, $ 74.95
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Abstract
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)."
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Double Jeopardy, 2004.
A look at the rule of double jeopardy in the legal system and whether this is an unnecessary loophole.
1,052 words (approx. 4.2 pages), 2 sources, MLA, $ 36.95
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Abstract
This paper argues that, despite ambiguities, the provision of double jeopardy provides important protections against tyranny, harassment, and malicious prosecution. Furthermore, there are already adequate exceptions to the double jeopardy rule to ensure against criminals being able to take advantage of such ?technicalities.? Given these arguments, this paper maintains that the double jeopardy rule must continue to be upheld.
From the Paper
"The Fifth Amendment of the Constitution specifies a Double Jeopardy Clause. This clause expressly states that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb" (Constitution, Amendment V). This principle was enshrined expressly to protect individual citizens from excesses of the state or representatives of the government. The Fifth Amendment?s provision regarding double jeopardy thus functions to protect individuals from harassment or tyranny by those in authority."
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The U.S. and the U.N. Rights of the Child Convention, 2002.
This paper discusses why the U.S. hasn't signed the treaty on the U.N. Convention on the Rights of the Child.
5,060 words (approx. 20.2 pages), 8 sources, MLA, $ 127.95
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Abstract
This paper presents a detailed examination, written from a legal standpoint, of the treaty on the United Nations Convention on the Rights of Children. The paper concludes the U. S. is willing to intervene in other international problems, such as oil; and therefore, it should make a public statement to protect the world?s most precious commodity, children, by supporting the treaty.
Table of Contents
Introduction
What Is It
What It Protects
What about the Legal Standpoint
Why Is Treaty Needed
Why Won't the U.S. Sign?
Reasons for Signing the Treaty
From the Paper
"While there are many political reasons that the US may refuse to sign the treaty, one of the chief causes for concern might be the establishment of an International Criminal Court. Many UN delegates support the idea of an International Criminal Court but the United States has been steadfast in its refusal to agree. An international criminal court might begin the slippery slope of descent to the power of individual nations when it comes to many issues including the treaty.If the international criminal court gains favor and power in the future it is feasible that the court could be used to enforce the treaty."
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Multiculturalism in the U.S. and U.K., 2005.
This paper presents an analysis regarding the doctrine of multiculturalism.
904 words (approx. 3.6 pages), 4 sources, MLA, $ 31.95
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Abstract
In this article, the writer discusses the doctrine of multiculturalism. The writer offers an analysis of why such a doctrine is problematic. In order to examine the issue of multiculturalism, the writer uses examples from the public education systems in the U.S. and Great Britain to show the difficulties in treating all cultures as equal.
From the Paper
"Multiculturalism is defined by the Ayn Rand institute as the view that all cultures are equal. While this doctrine is often adopted in spirit if not in principle in the U.S. and Great Britain, multiculturalism is problematic as a term. For if all cultures are equal we cannot say that there is one superior way of being, one superior set of values or one superior method of educating individuals. However societies like America and Great Britain often adopt such methods values ... "
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Supreme Courts and the Commerce Clause, 2002.
This paper examines the U.S. supreme courts interruption of the commerce clause of the constitution.
2,400 words (approx. 9.6 pages), 4 sources, $ 89.95
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Abstract
In depth analysis of U.S. Supreme Court decisions on how the commerce clause has been interrupted from the Kennedy Court to the Clinton Court (1962-2001). This paper also examines Supreme Court cases in detail to track this change.
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The Power of Congress and the Commerce Clause, 2003.
This paper provides an explanation of the power of Congress and individual states to regulate trade, production, and other interstate "commerce." The nature of the Commerce Clause is discussed, and many case law examples are included.
1,640 words (approx. 6.6 pages), 3 sources, MLA, $ 53.95
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Abstract
The purpose and scope of the Commerce Clause has been the topic of debate in many court decisions. Over the years, the Supreme Court has interpreted the Commerce Clause as a grant of power to the federal government and a limitation on the authority of individual states. One of the first issues to reach the Supreme Court was whether the power granted to Congress via the clause also inferred that the states are, thereby, precluded from local regulation of interstate and foreign commerce. This paper details, through case law examples, how this grant of power has been used, and sometimes abused, by the federal government.
From the Paper
"Article 1, Section 8, of the United States Constitution authorizes Congress to legislatively ?regulate commerce with foreign nations, and among the several states, and with the Indian tribes.? This Clause, though not infinite, is the means by which Congress regulates domestic affairs. Despite the implied extent of the commerce power, the Supreme Court has found that Congress has often overstepped its boundaries with respect to economic activity that should be reserved for individual states."
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"Double Consciousness", 2003.
A review of W.E.B Dubois literary piece "Double Consciousness".
1,457 words (approx. 5.8 pages), 1 source, MLA, $ 48.95
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Abstract
This paper examines W.E.B Dubois literary piece "Double Consciousness" about the conflict focusing around the life of colored people and their struggle to live life bound by the intense realms of racial injustice in a prejudicial American society. It looks at how Dubois shows how blacks had to live their life on a day to day basis, thinking of themselves with a ?double consciousness.? In one consciousness, colored people looked at themselves with an allegiance and pride of their African culture and its traditions and in the other were coerced to look at themselves in the way that the dominant culture perceived them to be. It shows how Dubois uses such techniques like mighty phrases of repetition, symbolic structures and unique narrative tone in order to convey his concept of ?double consciousness? into the mind of the reader.
From the Paper
"Furthermore, Dubois utilizes more elements of structural devices that enrich his essay. In the third paragraph of Dubois? literary piece, his tone is quite unique in relaying a message to the reader. In this last paragraph, Dubois places no periods until nearly the end of the paragraph. Indeed, the author does this for it provides the structure of the essay with a unique rhythm that overwhelms the reader with a series of ideas and vital conceptions. The narrative technique here raises the tone of the literary piece while formulating tension and surprise, which coerces the reader to keep reading to see how this immense tension will resolve."
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'The Double Hook' and 'Street of Riches', 2005.
This paper discusses the the concept of family in the books 'The Double Hook' and 'Street of Riches'.
1,575 words (approx. 6.3 pages), 2 sources, $ 62.95
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Abstract
In this article, the writer discusses that in 'The Double Hook', there are hundreds of instances of women being depicted with the kitchen and with childcare. The writer points out that in many ways, 'The Double Hook' is the direct opposite of 'Street of Riches' in the former book's portrayal of battering and neglect of children. The writer notes that in Roy's book, the family is a haven, and provides a supportive environment, while in 'The Double Hook', the family provides an insecure and repressive environment.
From the Paper
"Among the functions of the family are socialization and education of children in social values and norms, along with providing security and meeting the physical and emotional needs of the children. Those functions are met in 'Street of Riches'. What is most outstanding about Roy's book relates to her mother's simultaneously liberal and repressive views of women's roles."
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The ?Double? and Wilkie Collins, 2006.
Examines how author, Wilkie Collins, uses the literary device known as the 'double', in his work, "The Dead Hand".
900 words (approx. 3.6 pages), 0 sources, $ 31.95
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Abstract
The "double" was a symbolic device commonly used in the nineteenth century. Famous examples include Victor Frankenstein and his monster and Dr. Jekyll and Mr. Hyde. This paper shows that Wilkie Collins used the "double" several times in his fiction. It shows, however, that in "The Dead Hand," Collins used the symbolism of the double in a different way than other nineteenth century authors.
From the Paper
"Another way Collins' use of the double in this story contradicts typical nineteenth century use is that Holliday destroys his brother's life unintentionally. This approach is very different from other nineteenth century authors. For example, in Frankenstein, the monster deliberately kills Victor's wife in retaliation for Victor's refusal to create a mate for the monster. In "The Dead Hand." while the narrator and reader soon realize the bitter young man Holliday revived is his brother, Holliday himself does not realize it, nor does he realize the woman he loves was engaged to his brother."
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"China's Economy: U.S. and E.U. Get Tough on Textiles", 2005.
A review of the article "China's Economy: U.S. and E.U. Get Tough on Textiles".
900 words (approx. 3.6 pages), 5 sources, $ 35.95
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Abstract
"This paper discusses an article from the Economist Intelligence Unit, a publication of The Economist, entitled "China's Economy: U.S. and E.U. Get Tough on Textiles" as it relates to the price pressures on apparels in the U.S. market. These issues are examined from a macroeconomic perspective with an emphasis on Keynesian and neo-classical macroeconomic theory.
From the Paper
"Following the end of quotas on textile imports from China as of 1 January 2005, both the United States (US) and the European Union (EU) have witnessed a massive influx of textile imports from China: "U.S. imports of Chinese clothing swelled in January, a rush of new products following the end of international quotas that for decades had limited global apparel trade" (Chinese, 2005, para.1). While increases have been across the board, three categories in particular have seen huge increases: cotton knit shirts, blouses and cotton trousers, and these have been targeted for renewed protectionist quotas by both the US and the EU (China, 2005, para.2). "
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Dreams in "The Double" and "Crime and Punishment", 2000.
Looks at how dreams are used as insight into the fears of the characters in Dostoevsky's Novels "The Double" and "Crime and Punishment".
1,585 words (approx. 6.3 pages), 0 sources, $ 51.95
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Abstract
This paper looks at dream sequences in Dostoevsky's novels "The Double" and "Crime and Punishment" and analyzes how they allow the reader to understand more about the psychology of the characters in a way that would be difficult to portray in the character's waking thoughts and actions.
From the Paper
"In both The Double and Crime and Punishment, Dostoevsky describes dream sequences that are very revealing about the fears of Mr. Golyadkin and Raskolnikov. Using his characters? nightmares as a way to convey something about their psychology allows Dostoevsky to reveal the characters? mental state with an untainted honesty that is not possible in their thoughts and actions. In this way, Dostoevsky is able to crystallize and clarify the characters? deepest fears. In particular, the examination of Golyadkin?s dream about his double turning everyone against him reveals that his peers? opinions of him are of the highest importance to him, and as such, his great fear is that others will dislike him. Raskolnikov?s dream about the horse reveals his fear of his own weakness, his fear and repression of his past, and his fear of his own humanity and capacity for compassion."
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