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The Doctrinal and Normative Basis of the Double-Jeopardy Requirement

Michael S. Moore

in Act and Crime: The Philosophy of Action and its Implications for Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599509
eISBN:
9780191594656
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599509.003.0012
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Anglo-American constitutional law prohibits a person from being twice put in jeopardy for ‘the same offense.’ In the United States this seemingly simple requirement has generated a doctrinal thicket ... More


Prosecutorial Manipulation or Misuse of Process

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter examines situations in which ‘the prosecution have manipulated or misused the process of the court so as to deprive the defendant of a protection provided by the law or to take unfair ... More


The Protection Against Double Jeopardy

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0016
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

The guarantee of protection against double jeopardy in criminal proceedings is rather complex. This chapter compares the texts of the different normative instruments and discusses the development of ... More


Introduction

Michael S. Moore

in Act and Crime: The Philosophy of Action and its Implications for Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599509
eISBN:
9780191594656
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599509.003.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

There are six problems that threaten to make the criminal law unwieldy and complex: (1) that acts as such have no common nature; (2) that the types of acts criminal law prohibits are as diverse as ... More


Act and Crime: The Philosophy of Action and its Implications for Criminal Law

Michael S. Moore

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599509
eISBN:
9780191594656
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599509.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This book seeks illumination of three aspects of Anglo-American criminal law by the philosophy of action. These are, first, the general requirement that an accused perform some voluntary act before ... More


Distribution of Life

Mark S. Stein

in Distributive Justice and Disability: Utilitarianism against Egalitarianism

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300100570
eISBN:
9780300128253
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300100570.003.0011
Subject:
Philosophy, Political Philosophy

This chapter examines utilitarian and egalitarian approaches to the distribution of scarce life-saving medical resources, or distribution of life. It shows how utilitarianism is able to endorse ... More


Moore in Jeopardy, Again

Gideon Yaffe

in Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198703242
eISBN:
9780191773068
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703242.003.0008
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

Michael Moore takes the point of double jeopardy to be proportionality of punishment: second jeopardies are either a waste or lead to punishments in excess of desert. Since it is disproportional to ... More


Adjudication

Samuel M. Davis

in Children's Rights Under and the Law

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199795482
eISBN:
9780190259990
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199795482.003.0011
Subject:
Law, Family Law

This chapter discusses the adjudicatory process in juvenile court. It covers the adjudicatory hearing, right to counsel, right to jury trial, burden of proof, rules of evidence, confrontation and ... More


Responses and Appreciations

Michael S. Moore

in Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198703242
eISBN:
9780191773068
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703242.003.0023
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter responds to each of the twenty-one articles making up the body of the volume. In the order in which the book proceeds, the topics covered are: general themes of the body of Moore’s work, ... More


The Supreme Court and Juvenile Justice

Samuel M. Davis

in Children's Rights Under and the Law

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199795482
eISBN:
9780190259990
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199795482.003.0009
Subject:
Law, Family Law

This chapter reviews Supreme Court decisions in juvenile justice cases. It begins in 1967 when the Court decided In re Gault until its decision most recently in Safford Unified School District No. 1 ... More


Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore

Kimberly Kessler Ferzan and Stephen J. Morse (eds)

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198703242
eISBN:
9780191773068
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703242.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

Michael Moore is one of the world’s leading legal theorists. Working in law, morality, metaphysics, psychiatry, and neuroscience, Moore has made significant and lasting contributions in these ... More


European Antitrust Criminalization and the Second Challenge of Due Process: Imposing Criminal Sanctions alongside Civil Sanctions

Peter Whelan

in The Criminalization of European Cartel Enforcement: Theoretical, Legal, and Practical Challenges

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199670062
eISBN:
9780191749445
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670062.003.0006
Subject:
Law, Employment Law, Competition Law

This chapter analyses the ‘additional dynamic’ contention of European antitrust criminalization, and whether (and, if so, how) it is possible to respect the accused's human rights when ... More


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