Res Judicata and Double Jeopardy
Res Judicata and Double Jeopardy

Author: Paul Anthony McDermott

Publisher:

Published: 1999

Total Pages: 315

ISBN-13: 9781854758514

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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.

The Oxford Handbook of Criminal Process
The Oxford Handbook of Criminal Process

Author: Darryl K. Brown

Publisher: Oxford University Press

Published: 2019-02-22

Total Pages: 1034

ISBN-13: 0190659866

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The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.

Study Draft of a New Federal Criminal Code
Study Draft of a New Federal Criminal Code

Author: United States. National Commission on Reform of Federal Criminal Laws

Publisher:

Published: 1970

Total Pages: 432

ISBN-13:

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Consists of materials under consideration by Commission preparatory to its final report to the President and Congress in November of 1970.

Crown Appeals Against Sentence
Crown Appeals Against Sentence

Author: Georgia Brignell

Publisher:

Published: 2005

Total Pages: 91

ISBN-13: 9780731356119

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"This study selected Crown appeals for the offences of murder, manslaughter, malicious wounding with intent to inflict grievous bodily harm, aggravated sexual assault and armed robbery where the court re-sentenced. The analysis revealed that the first instance sentences appealed by the Crown were sometimes above the median of the population of sentences for a given offence. Similarly, the substituted sentences imposed by the Court of Criminal Appeal frequently fell above the median of the population of sentences. These findings emphasise the complexity of sentencing and the limitations of relying heavily upon statistical concepts such as "population", "average" and "medians" in explaining sentencing results."--p. vii.

Double Jeopardy
Double Jeopardy

Author: George C. Thomas III

Publisher: NYU Press

Published: 1998-11-01

Total Pages: 362

ISBN-13: 0814783465

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In the first book-length book 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. Despite popular belief, double jeopardy has never been a limitation on the legislature. It functions instead to keep prosecutors and judges from imposing more than one criminal judgment for the same offense. Determining when seemingly different offenses constitute the "same offense" is no easy task. Nor is it always easy to determine when a defendant has suffered more than one criminal judgment. Tracing American double jeopardy doctrine back to twelfth century English law, the book develops a jurisprudential account of double jeopardy that recognizes the central role of the legislature in creating criminal law blameworthiness.