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Date of Award

1986

Author's School

School of Law

Degree Name

Doctor of Juridical Science (SJD)

Degree Type

Dissertation

Abstract

The purpose of the thesis is to formulate a definition of the protection offered by state and federal law against double jeopardy for the "same offense." The thesis first examines the history and purpose of the double jeopardy concept. It next analyzes the Supreme Court double jeopardy clause jurisprudence to develop a framework for fifth amendment analysis that is consistent with the history and purpose of the prohibition against double jeopardy.

States are, of course, bound by this framework as a minimum standard for resolving double jeopardy cases, but they are free to develop other approaches as long as they are consistent with the minimum standard. Chapter Five examines the different solutions to the problem, and these solutions are evaluated in light of the minimum standard articulated by the Supreme Court. Chapter Six analyzes and evaluates state legislative solutions to the problem. The conclusion offers recommendations for simplifying the same offense definitional problem that are consistent with the Supreme Court framework.

Chair and Committee

Frank W. Miller, James Carr Professor of Criminal Jurisprudence, Kathleen F. Brickey, Professor of Law

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