Double Jeopardy
The ancient common rule prohibition on multiple trials, known as the double jeopardy, is a procedural protection that forbids the prosecution of an offender for an unlawful offence. The offender, in this case, may have been previously acquitted or convicted following a trial on the merits by a legal system of a competent criminal jurisdiction. Double jeopardy arises when there is a prior criminal trial. In many states of the globe, the protection against double jeopardy is a constitutional right while in others, the statute law provides for the protection. Statutory modification, the basis of the principle in England, is the framework for reforms in several common law jurisdictions that allow post-acquittal trials in limited situations (Corns, 2003).

This paper explores the policy issues for and against this protection rule reform, statutory modification of the principle in England, and procedural safeguards for post-acquittal retrials. Some of the issues that emerge…...

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References

Coffey, G. (2013). Post-Acquittal Retrials for Serious Offences in the Irish Criminal Justice

Process: Lessons from England and Wales. Irish Journal of Legal Studies, 3 (1), 36-66.

Corns, C. (2003). Retrial of Acquitted Persons: Time for Reform of the Double Jeopardy Rule?

Criminal Law Journal, 27(2), 80-101.

Double Jeopardy and Legislative Limitations
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. On a very basic level, Double Jeopardy is 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. 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 effect the person already convicted. If however, the new evidence could prove an already determined innocent person guilty, then Double Jeopardy rules start being applicable. With the very broad nature of this topic, it is useful to demonstrate an understanding of the…...

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Referenced

Algona, Forrest G. "Double Jeopardy, Acquittal Appeals, and the Law-Fact Distinction." Cornell Law Review. July, 2001. v86. i5. p1131.

DiBianco, Gary. "Truly Constitutional? The American Double Jeopardy Clause and its Australian Analogues." American Criminal Law Review. Fall, 1995. v33. n1. p123(40).

Chenoweth (a), P.R. "Criminal Practice - Appeals -- Double Jeopardy - Prosecutors" New Jersey Law Journal. Dec 11, 2000. v162. i11. p84.

Chenoweth (b), P.R. "Criminal Practice - Appeals - Double Jeopardy - Drunk Driving - Search and Seizure." New Jersey Law Journal. Nov 4, 2002. v170. i5. p70(1).

If the double jeopardy clause was used to bar parallel federal prosecutions, the defendant in this case would be free regardless of the overwhelming evidence of his participation in the crime. This would mean that the criminal justice system in the country would have exercised a great level of injustice.
Different Interests:

The double jeopardy clause should not be used to prohibit parallel state and federal prosecutions different units of governments may have different interests in an offense. These interests include the definition of an offense and enforcement of laws resulting in the improved the process of criminal justice. While the double jeopardy clause is used to protect an individual from embarrassment, anxiety and insecurity; using it to protect parallel state and federal prosecutions may be a means of promoting injustice. For example, in the case of Lemrick Nelson Jr., justice would have not been served if the verdict of the…...

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References:

"Chapter 14 -- Double Jeopardy." (n.d.). Defender General Search Site. Retrieved February 27,

2011, from http://dgsearch.no-ip.biz/BN-lawbook/ch14.htm

"Double Jeopardy." (n.d.). Find Law: For Legal Professionals. Retrieved February 27, 2011,

from  http://caselaw.lp.findlaw.com/data/constitution/amendment05/02.html

BEEFOD'S DOUBLE JEOPADY
Double Jeopardy

An Analysis of Bruce Bereford's Double Jeopardy

Introduction to Film

Professor Kim Elliott-White

Double Jeopardy

Double Jeopardy (1999) is a thriller by Austrailian director Bruce Bereford, which stars Ashley Judd as Elizabeth "Libby" Parsons, a woman wrongly accused of murdering her husband, Bruce Greenwood as Nicholas "Nick" Parsons/Simon yder/Jonathan Devereaux, Libby's husband, and Tommy Lee Jones, as Travis Lehman, a former law professor who is Libby's parole officer and eventually helps her to reunite with her son, Matty, and clear her name. Bereford's previous directorial successes include Academy Award winning Driving Miss Daisy (1989), Black obe (1991), and Tender Mercies (1984), his first U.S. feature, which earned him his first and only Academy Award Nomination for Best Director to date. Despite these early and criticial successes, Double Jeopardy (1999) was critically panned and was referred to as "not a successful thriller, but with some nice dramatic scenes along with the…...

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References

Bruce Beresford. (n.d.). Internet Movie Database. Accessed 15 May 2013, from  http://www.imdb.com/name/nm0000915/bio 

Dirks, T. (n.d.) Film sub-genres. AMC Filmsite. Accessed 15 May 2013, from  http://www.filmsite.org/subgenres.html 

Double Jeopardy. (1999). Directed by Bruce Beresford. United States: Paramount Pictures.

Accessed 15 May 2013, from Netflix Instant Streaming.

Fifth Amendment of the U.S. Constitution governs the issue of double jeopardy and states in pertinent part, "No person… shall… be subject for the same offense to be twice put in jeopardy of life or limb…( )." The Amendment was a codification of the common law that had long recognized the doctrine that a defendant should not be subject to multiple attempts by the state to convict him for the same crime. On its face, the Fifth Amendment appears to be clear but there are nuances that are been interpreted over the years that make its application more intriguing including the possibility, that given certain circumstances, defendants can face double jeopardy.
The recognition that double jeopardy was a legal reality began when the U.S. Supreme Court rendered its decisions in Bartkus v. Illinois (Bartkus v. Illinois, 1959) and Abbate v. United States (Abbate v. United States, 1959). Beginning with these…...

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References

Abbate v. United States, 359 U.S. 187 (U.S. Supreme Court 1959).

Bartkus v. Illinois, 359 U.S. 121 (U.S. Supreme Court 1959).

Department of Justice

Merkl, T.A. (1999). The Federalization of Criminal Law and Double Jeopardy. Columibia Human Rights Law Review, 175-185.

It is possible that an individual who was abused as a child was able to recover from the trauma of his/her experience, and tried to convert his/her negative experience into a positive one by helping out abused children, with the goal of helping them to also recover and develop as psychologically healthy individuals. This kind of psyche abolishes the phenomenon of double jeopardy, and provides a counter-argument to the earlier claim that abused children tend to have realtionships who will also abuse them.
7. eflect about the idea from the text regarding, "child abuse is transmitted across the generations." Do you agree with this statement?

I agree with the statement that child abuse is transmitted across the generations, as empirical studies have shown that indeed, abused individuals during their childhood (in the study's case, mothers) had indeed the tendency to also abuse their children. Again, this statement is just part of…...

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References

Bates, K., C. Bader, and F. Mencken. (2003). "Family structure, power-control theory, and deviance: extending power-control theory to include alternate family forms." Western Criminology Review, Vol. 4, No. 3.

Egelman, B. And A. Susman-Stillman. (1996). "Dissociation as mediator of child abuse across generations." Child Abuse & Neglect, Vol. 20, Issue 11.

Flowers, R. (2001). Runaway kids and teenage prostitution: America's lost, abandoned, and sexually exploited children. Wesport, CT: Greenwood Press.

Simons, R., C. Johnson, J. Beaman, and R. Conger. (1993). "Explaining women's double jeopardy: factors that mediate the association between harsh treatment as a child and violence by a husband." Journal of Marriage and the Family, Vol. 55.

People of the State of California v. Conrad obert Murray
The involuntary manslaughter trial of Michael Jackson's personal doctor, Conrad Murray, was in the news seemingly every day for months. Even though the trial has concluded and the world knows that Dr. Murray was found guilty, it is important to look at the court proceedings and how the evidence led the jury to that verdict. Dr. Murray administered a powerful drug called propofol - an anesthesia drug that is only supposed to be used in closely monitored hospital settings - to Michael Jackson to help him sleep.

The argument by the prosecution was that Dr. Murray did this even though he knew the dangers, and that he administered too much of the drug to Jackson, resulting in a fatal overdose. At that point, Murray did not act quickly enough in calling the paramedics and did not do enough to save Jackson's life.…...

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References

Kepner v. United States, 195 U.S. 100 (1904).

Neubauer, D.W. & Fradella, H.F. (2010). America's courts and the criminal justice system, 10th ed. New York: Wadsworth.

People v. Broussard, 76 Cal.App.3d 193, 197 (1977).

Criminal Law Due Process
Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair procedure to prevent wrongful deprivation of interests and to make people feel the government treated them fairly by listening to their side of the story (Procedural Due Process). Due process requires fair procedures when governments take actions against citizens, whether it is the federal government or a state government that is taking action.

Due process is divided into two categories, substantive due process and procedural due process (Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading, 2013). Substantive law creates, defines, and regulates rights. Substantive due process makes the laws that give rights to citizens by due processes. Procedural law enforces those rights or seeks redress for violation of those rights. Evidence presented against a citizen will get suppressed…...

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Bibliography

Criminal Procedure. (2010, August 19). Retrieved from Cornell University Law School:  http://www.law.cornell.edu/wex/criminal_procedure 

Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading. (2013). Retrieved from JRank:  http://law.jrank.org/pages/6315/Due-Process-Law.html 

Fifth Amendment. (n.d.). Retrieved from Cornell University Law School:  http://www.law.cornell.edu/we/fifth_amendment 

Procedural Due Process. (n.d.). Retrieved from University of Missouri:  http://law2.umkc.edu/faculty/projects/ftrials/conlaw/proceduraldueprocess.html

Categorizing Crimes:
Criminal law basically classifies crime into various categories that dictates the kind of criminal act, the mental condition, and the extent of punishment. The most common categories of crime are crime against persons, white-collar crimes, and crimes against property. Moreover, crime is further categorized by the selected punishment for the offense such as misdemeanor, felony, and petty misdemeanor. A felony is regarded as the most serious offense that is punishable by imprisonment exceeding one year while misdemeanors are offenses that are punishable by imprisonment of a maximum of one year. This is primarily because they are less serious crimes that do not involve incarceration in prison (Schneider, n.d.). Actually, almost all misdemeanor sentences are usually served in a local or county jail. In contrast, petty misdemeanors are crimes that do not need imprisonment such as that are always punishable by a fine.

Crimes against Persons and Crimes against Property:

Crimes against…...

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References:

Crossman, A. (n.d.). Types of Crimes. Retrieved March 8, 2013, from  http://sociology.about.com/od/Deviance/a/Types-Of-Crimes.htm 

"Crimes Against Property." (n.d.). Chapter 13. Retrieved March 8, 2013, from  http://www.sagepub.com/lippmanccl2e/study/supplements/Florida/FL13.pdf 

Schneider, S.W. (n.d.). Types of Crimes. Retrieved March 8, 2013, from http://www.netplaces.com/paralegal/criminal-law/types-of-crimes.htm

"State v. Stewart." (n.d.). Justia.com -- U.S. Law. Retrieved March 8, 2013, from  http://law.justia.com/cases/new-mexico/court-of-appeals/2005/f580-1c753-1cc91.html

Criminal Process; Arraignment to Pre-Trial
The purpose of criminal law is to promote respect for the law by people and ensure a just, safe, and peaceful society. The American justice system has many commendable elements that are aligned to the objectives of a justice system. The trial system significantly addresses many point of subtlety and does a great job in its effort to uphold the rule of law. In the effort to deliver justice, it is important that the rights of the defendant be uphold. This paper seeks to shed light on three stages before the process of criminal trial, and how the rights of the defendant are catered for in each of the stages before trial commences. These stages include the information, arraignment and the subsequent hearings at pretrial.

Arraignment

The stage that precedes and leads to trial in a criminal case is called arraignment. Arraignment must be done within reasonable time…...

herefore, by increasing the costs of imprisonment by the three strikes law, it is intended that there will be less crime. Marwell and Moody express several difficulties with the laws in the 24 states: Criminals are not always aware of the laws, at least not initially; repeat criminals can be expected to serve substantial prison terms even in the absence of the laws; almost all of the states already had habitual criminal statutes where criminals with prior convictions could be given lengthy sentences under the judge's discretion; the deterrent effect on homicides is limited in any case because the law most likely does not increase sanctions for homicides. However, the law may reduce homicides by deterring robberies and other felonies where homicides may take place; some criminals may limit their expected costs by taking evasive action, such as moving to another jurisdiction or to other areas of crime where…...

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Trends: Crime, the Police, and Civil Liberties

Greg M. Shaw; Robert Y. Shapiro; Shmuel Lock; Lawrence R. Jacobs

1998 62:405-426. Public Opinion Quarterly

9/11 terror attacks was characterized by enactment of new laws and executive orders that focused on enhancing homeland security. However, these laws and orders have become controversial because they have ceded power to the executive branch and limited people's rights. Some examples of these limitations include restrictions on privacy, limitation of free speech and association rights, and limitation of religious freedom. While these actions were necessary to help prevent another attack, they are inappropriate since they compromise civil rights and checks and balances established in America's democracy. The federal government would have taken less drastic measures through reordering priorities of law enforcement instead of generating fundamental changes in law.
Week 5: Discussion

In the American judicial system, the Supreme Court reviews very few cases most of whom are appeals from lower courts. It should not be mandatory for the Supreme Court to review more cases despite having appellate jurisdiction. The best legal…...

A plea-bargain is frequently attained at this time in order to circumvent a trial. In the event that a plea-bargain is reached, the case does not move forward to a trial but failure to offer enough evidence to establish a plea bargain will mean that the case goes on to trial (Criminal Justice System Handbook, 2009).
The trail

Trials consist of a sequence of proceedings where the prosecutor presents evidence which will be used to prove the defendant guilty beyond a reasonable doubt. In felony cases, the defendant is given chances to admit their innocence but there are also times where they are presented that they may dispute the validity of evidence that has been presented by the prosecutor. Felony cases normally entail the services of a jury who listen to the case proceedings together with the judge and then after careful assessment of the evidence that is presented; they make…...

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References

Criminal Justice. (n.d.). Retrieved from   y_legal_guide/chapter_14.authcheckdam.pdfhttp://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/famil 

Criminal Justice System Handbook. (2009). Retrieved from  http://www.nycourts.gov/litigants/crimjusticesyshandbk.shtml 

Criminal Justice Process. (n.d.). Retrieved from  http://www.courtwatchflorida.org/uploads/Training_-_Criminal_Justice_Process.pdf 

Steps in the Criminal Justice Process. (n.d.). Retreived from http://sao.co.sarasota.fl.us/legal.htm

victims and defendants rights extended by the Criminal Justice System. Followed by introduction is the comparison of both sides detailing the rights of victims and defendants by the Criminal Justice System. Conclusion given at the end shows that the Criminal Justice System has more rights to the defendants; however, rights for victims are also increasing in several states.
It has been during the last two decades that the rights of crime victims started to be known in the law. Earlier, none of the crime victims had rights during the criminal justice process. For example, they did not have any right that could notify them of court trial or the arrest or release of the defendant. Further to that they had no right to be presented during the trial or other hearings, or to make a statement to the court at sentencing or at other proceedings (Emmet County).

But now, nations have…...

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Works Cited

Emmet County. Prosecuting Attorney: Crime Victim Rights / Witness Assistance. www.co.emmet.mi.us

National Center for Victims of Crime. (1998). Rights of Crime Victims. FYI.

National Center for Victims of Crime. (1999). Constitutional Rights for Crime Victims. FYI.

Philip L. Reichel (2001). Comparative Criminal Justice Systems: A Topical Approach.

If police officers are not sufficiently deterred by the prospect of evidence being suppressed at a hearing where a person's liberty is in jeopardy, it is a fortiori that they will not be deterred by the possibility of suppression at a civil forfeiture hearing where only the person's property is in jeopardy.
Law enforcement officials have much to gain in the outcome of the issues raised in Scott, and will likely bring challenges to the exclusionary rule in civil forfeiture. While the court's trend is moving away from applying the exclusionary rule in civil contexts, law enforcement agencies are increasingly relying on civil tools to attack crime. At the forefront of this movement is the use of civil forfeiture to seize the fruits and instrumentalities of the narcotics trade. Civil forfeiture statutes allow law enforcement officers to seize privately held assets that have been used in a crime, a practice…...

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References

Crandley, Mark J (2001) a Plymouth, a parolee, and the police: the case for the exclusionary rule in civil forfeiture after Pennsylvania Board of Probation and Parole v. Scott.

Albany Law Review

Bilionis, Louis D. (1998) Process, the Constitution, and substantive criminal law.

Michigan Law Review

Recent Supreme Court Decisions and Their Impact on the Criminal Justice System

The Supreme Court of the United States (SCOTUS) plays a pivotal role in shaping the criminal justice system through its decisions on constitutional rights, prosecutorial practices, and sentencing guidelines. Recent years have witnessed several significant SCOTUS rulings that have had a profound impact on the system, shaping the way criminal cases are investigated, tried, and adjudicated.

Miranda Rights and Police Interrogations

Miranda v. Arizona (1966): Established the "Miranda rule," requiring law enforcement officers to inform suspects of their rights to remain silent, have an attorney present, and stop being questioned....

Balancing Public Safety and Constitutional Rights in the Criminal Justice System

The criminal justice system plays a crucial role in maintaining public safety and protecting citizens' fundamental rights. However, achieving a harmonious balance between these two objectives can present significant challenges. This essay will explore the key considerations and innovative approaches employed to strike this delicate balance.

Understanding the Interdependence of Safety and Rights

Public safety and Constitutional rights are not mutually exclusive concepts. Effective policing and the protection of individual liberties are intertwined and essential for a just and equitable society. When citizens feel safe, they are more likely to cooperate with....