A Constitutional Jeopardy Theory PDF Download
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Author: Clarke L. Caywood
Publisher:
ISBN:
Category : Advertising, Political
Languages : en
Pages : 630
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Book Description
Author: Clarke L. Caywood
Publisher:
ISBN:
Category : Advertising, Political
Languages : en
Pages : 630
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Book Description
Author: George Conner Thomas
Publisher: NYU Press
ISBN: 0814782337
Category : History
Languages : en
Pages : 362
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Book Description
In the first book-length work on the subject in over a quarter century, George C. Thomas III advances an integrated theory of double jeopardy law, a theory anchored in historical, doctrinal, and philosophical method. Tracing American double jeopardy doctrine back to twelfth-century English law, Thomas develops a jurisprudential account of double jeopardy that recognizes the central role of the legislature in creating criminal law blameworthiness. His theory, based on blameworthiness, allows today's courts to move toward a coherent double jeopardy doctrine.
Author: Russ Feingold
Publisher: PublicAffairs
ISBN: 1541701542
Category : Law
Languages : en
Pages : 316
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Book Description
A former U.S. senator joins a legal scholar to examine a hushed effort to radically change our Constitution, offering a warning and a way forward. Over the last two decades, a fringe plan to call a convention under the Constitution's amendment mechanism—the nation's first ever—has inched through statehouses. Delegates, like those in Philadelphia two centuries ago, would exercise nearly unlimited authority to draft changes to our fundamental law, potentially altering anything from voting and free speech rights to regulatory and foreign policy powers. Such a watershed moment would present great danger, and for some, great power. In this important book, Feingold and Prindiville distill extensive legal and historical research and examine the grave risks inherent in this effort. But they also consider the role of constitutional amendment in modern life. Though many focus solely on judicial and electoral avenues for change, such an approach is at odds with a cornerstone ideal of the Founding: that the People make constitutional law, directly. In an era defined by faction and rejection of long-held norms, The Constitution in Jeopardy examines the nature of constitutional change and asks urgent questions about what American democracy is, and should be.
Author: David Rudstein
Publisher: Bloomsbury Publishing USA
ISBN: 031302782X
Category : Law
Languages : en
Pages : 288
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Book Description
This volume traces the history of the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution. It shows that the constitutional guarantee against double jeopardy has its roots in ancient Jewish and early Greek and Roman law. After recapping the history of the clause the Supreme Court's current interpretation of the clause is explained. This book describes the circumstances in which the premature termination of an individual's trial bars a subsequent trail for the same offense. It also examines when the Clause prohibits the government from imposing multiple punishments for the same offense. The final chapter includes a discussion of bibliographical sources.
Author: Michael A. Brazzell
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 124
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Book Description
Author: Paul Anthony McDermott
Publisher:
ISBN: 9781854758514
Category : Double jeopardy
Languages : en
Pages : 315
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Book Description
The law of res judicata deals with all of the circumstances in which parties are barred from litigating an issue because of the result of previous litigation. It pervades many areas of the law, both civil and criminal. In the area of criminal law, double jeopardy and res judicata both play a role. Double jeopardy is concerned with how many times the State can prosecute someone in respect of the same offence in an attempt to convict them. Res judicata is concerned with the extent to which the result of civil proceedings is binding on criminal proceedings and vice versa. There has been a rise of interest in res judicata in recent years and it is now one of the most rapidly expanding areas of Irish law.
Author: Thomas Grisso
Publisher: University of Chicago Press
ISBN: 0226309142
Category : Law
Languages : en
Pages : 263
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Book Description
In the twenty-first-century world of juvenile justice policy and practice, nearly everyone agrees that one of the most pressing issues facing the nation's juvenile courts is their proper response to delinquent youths with mental disorders. Recent research indicates that about two-thirds of adolescent offenders in juvenile justice facilities meet the criteria for one or more mental disorders. What are the obligations of our juvenile justice system, then, as the caretaker for delinquent youth with such disabilities? How do issues of adolescent development create special challenges in determining the court's proper response to delinquents with special mental health needs? Thomas Grisso considers these questions while offering new information to assist the juvenile justice system in its responses to the needs of our children. Double Jeopardy considers the newest data on the nature of youths' mental disorders—their relationships to delinquency, the values and limits of methods to treat them, and the common patterns of adolescent offending. That information is used to chart a rational course for fulfilling the juvenile justice system's duty—as a custodian of children in need of health care, as a legal system promoting fairness in youth adjudication, and as a protector of public safety—to respond to delinquent youths' mental disorders. Moreover, Double Jeopardy provides a scientific yet practical foundation for lawmakers, judges, attorneys, and mental health care professionals, as well as researchers who must fill the knowledge gaps that limit the juvenile justice system's abilities to meet youths' mental health needs.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 52
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Book Description
Author: Ragnhildur Helgadóttir
Publisher: Martinus Nijhoff Publishers
ISBN: 9004150021
Category : Religion
Languages : en
Pages : 297
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Book Description
This study examines the influence of American law and theories of judicial review on the development, practice and theorization of judicial review in Norway, Denmark, and Iceland from the 19th century to the present. The study describes how Nordic scholars in the late 19th century rationalized judicial review based on American theory and how American law influenced both their views of the institution and their way of thinking about substantive constitutional rights. These views in turn influenced Nordic jurisprudence for decades.
Author: Byron Sharp
Publisher: OUP Australia & New Zealand
ISBN: 9780195573565
Category : Business & Economics
Languages : en
Pages : 246
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Book Description
This book provides evidence-based answers to the key questions asked by marketers every day. Tackling issues such as how brands grow, how advertising really works, what price promotions really do and how loyalty programs really affect loyalty, How Brands Grow presents decades of research in a style that is written for marketing professionals to grow their brands.
