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The Common Law Development of the Right Against Double Jeopardy

Double jeopardy litigation revolves around four central questions: In what type of legal proceeding does double jeopardy protection apply? When does jeopardy begin, or, in legal parlance, attach? When does jeopardy terminate? What constitutes successive prosecutions or punishments for the same offense? Although courts have answered the second and third questions with some clarity, they continue struggling over the first and last questions.


Inside The Common Law Development of the Right Against Double Jeopardy