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This volume provides an up-to-date, in-depth analysis of the Double Jeopardy Clause.
This book is an introduction to the Fifth Amendment which empowers the people as it guarantees valuable protections on a daily basis within the justice system.
This book deals with the double jeopardy rule, namely the practice of multiple characterisation of the same facts, under different headings, in international criminal law. Such practice is problematic, due to the fact that know how it works within the context of international criminal law. How does one distinguish a situation in which an act may appear simultaneously to breach several criminal provisions, whilst in reality it violates only one, from another where the act does in fact breach more than one criminal provision? International crimes such as genocide, crimes against humanity and war crimes cannot be confined a single category of well-defined offences such as murder, voluntary or involuntary manslaughter, theft, etc. Instead these crimes embrace broad clusters of identical offences and share certain general legal features. Multiple characterisation of the same facts under different headings in international criminal law is therefore a complex legal problem. Every case of multiple convictions based on one act is, at its best, a plausible conjecture which however every next judgment may turn out to be a counter judgment. This book provides a combination of innovative charts, analysis, debate and solutions. From a unique perspective it examanies the history of international crimes and the jurisprudence of World War II tribunals, contemporary ad hoc international criminal tribunals, the International Criminal Court and special courts, as well as national law on international crimes.
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 Fifth Amendment is one of the more complex and far-reaching amendments to the US Constitution, so this book begins by breaking down each clause one by one, explaining the legalese in uncomplicated language, thus allowing the reader to reach a full understanding of due process. It then systemically describes the impact of the Fifth Amendment clause by clause, using Supreme Court cases as real-world examples. Sidebars highlight the amendment in action and delve into some of the finer points. This book includes rich resource sections that allow for further exploration.

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