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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 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 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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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, 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 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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Women in "Double Indemnity" and "Mr. Smith Goes to Washington", 2002.
This essay compares female characters in the films "Double Indemnity" directed by Billy Wilder and Frank Capra's "Mr. Smith Goes to Washington", women who are at opposite moral extremes, yet are very similar tacticians.
773 words (approx. 3.1 pages), 2 sources, MLA, $ 27.95
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Abstract
The writer looks at Clarissa, from "Mr. Smith Goes to Washington", who is a person who reacts to her environment. The paper suggests that she differs greatly from Phyllis of "Double Indemnity" who creates her environment. According to the paper, the women are similar in that they get what they want within these moral systems.
From the Paper
"Clarissa is used to the type of activity that Smith is practically bowled over by when he comes to Washington. Like Phyllis, she is jaded by her experience, though Clarissa?s feelings seem more clear through the story?s exposition and also more morally just. Clarissa sees a purity in Smith and uses that purity to somewhat redeem herself for somewhat buying into the perceived uselessness of the political system. Phyllis uses Neff in the same way, but for her own gain. Clarissa is moved by Smith?s intentions and uses that emotion as a catalyst to do something right, not only for Smith, but also to help better a system that she has taken part in and been snowed over by."
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"Double Indemnity", 2002.
A look at James M. Cain novel, "Double Indemnity".
1,400 words (approx. 5.6 pages), 5 sources, $ 53.95
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Abstract
This six-page undergraduate paper examines and analyzes the 1935 James M. Cain novel, "Double Indemnity" in terms of character motivations, writing style, plot devices, and moral themes.
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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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Billy Wilder?s Film, ?Double Indemnity?, 2004.
This paper discusses the film noir and the auteur in Billy Wilder?s film,
?Double Indemnity?.
965 words (approx. 3.9 pages), 4 sources, MLA, $ 34.95
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Abstract
This paper explains that, as the ?auteur? of ?Double Indemnity?, Wilder produced and directed one of the great Hollywood examples of film noir; it stands today as the quintessential example of the genre. The author points out that, as a cinematic genre dating back to the mid 1930s, film noir is generally defined as a dark, suspenseful thriller with a plot line revolving around crime or mystery. The paper states that the term ?auteur? is most often used as a reference to the director of a particular film whose impact on the end product cannot be denied, imbuing the film with his or her distinctive, recognizable style.
From the Paper
"Another example of how film noir draws the audience into the story is through emotion and tension, especially those connected with Neff's fear of discovery and his personal feelings for Keyes (Edward G. Robinson), Neff?s employer, who soon starts his own investigation into the death of Phyllis's husband. One scene has Keyes calling Neff into his office to confront a witness who saw Neff on the train; a second scene has Keyes arriving at Neff's apartment when Phyllis is expected at any moment. These examples are pure film noir, for they illustrate how tension and conflict play major roles in advancing the storyline towards its final and at times expected conclusion."
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Christian Redemption in "The Double Hook", 2007.
An analysis of the allusions to Christian redemption found in Sheila Watson's poem, "The Double Hook."
2,469 words (approx. 9.9 pages), 4 sources, MLA, $ 75.95
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Abstract
This paper discusses Christian redemption as seen in Sheila Watson's poem, "The Double Hook." It specifically examines the Christian allusions and themes found in Sheila Watson's influential poem. It shows how these allusions support the narrative of the novel-poem. The paper describes the setting, characters and style that Watson uses in her poem.
From the Paper
"Again, The Double Hook was written in postwar Canada: post-holocaust and post-atomic bomb--a time when, like the people of James Potter's ranching community, we were not "sufficiently committed to [our] common humanity" (Harrison, 165). Like Harrison's suggestion about Canadian literary figures as Christ figures, or "New Adams," Watson herself and the early readers of this novel were also standing in the midst of a poorly understood history. The events that took place during the Second World War are difficult for the human mind to come to terms with. Like Harrison's Christ-figures, the Canadians of that time also were "uncomfortably aware of their implication in [their history's] sins" (Harrison, 161). But while fear and guilt might have consumed many Canadians at the time, Watson, in writing The Double Hook, provides for the readers an alternative to condemnation and perpetual guilt. Through setting, characters, and style, Sheila Watson suggests that glory and fear are inseparable, and imparts the possibility for hope, regeneration and, above all, redemption."
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Film Noir and "Double Indemnity", 2004.
An examination of the manner in which the movie, "Double Indemnity", made in 1944, is a classic film noir.
1,507 words (approx. 6.0 pages), 5 sources, MLA, $ 49.95
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Abstract
This paper explains the movie genre of film noir that was popular in the post-WWII Hollywood. The paper defines this genre as a dark, suspenseful thriller with a plot line revolving around crime or mystery. It focuses on the 1944 movie, "Double Indemnity", and explains how this is a perfect example of film noir.
From the Paper
"Certain German filmmakers are usually credited with pioneering a form of horror film with links to film noir, a prime example being Nosferatu (1922) in which oblique lighting and compositional tension rather than physical action was used to create a nightmare world of violence. Some years later, these same cinematic and literary techniques were inserted into the Hollywood gangster tradition by certain German directors and cinematographers who fled to the United States in order to avoid persecution and confinement by the Third Reich, circa 1938-1943."
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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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Double Lung Transplants, 2002.
An explanation of double lung transplants and the rate of survival for patients.
1,150 words (approx. 4.6 pages), 4 sources, $ 44.95
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Abstract
This paper describes double lung transplants and then outlines briefly the manners in which the transplant is to be survived considering the factors working against the individual.
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