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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.
Double jeopardy --- Former jeopardy --- Jeopardy, Double --- Ne bis in idem --- Non bis in idem --- Criminal procedure --- Due process of law --- Prosecution --- History.
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How did the United States, a nation known for protecting the ""right to remain silent"" become notorious for condoning and using controversial tactics like water boarding and extraordinary rendition to extract information? What forces determine the laws that define acceptable interrogation techniques and how do they shift so quickly from one extreme to another? In Confessions of Guilt, esteemed scholars George C. Thomas III and Richard A. Leo tell the story of how, over the centuries, the law of interrogation has moved from indifference about extreme force to concern over the slightest pressur
Police questioning --- Confession (Law) --- Torture. --- History. --- Cruelty --- Punishment --- Extraordinary rendition --- Criminal procedure --- Evidence, Criminal --- Evidence (Law) --- Police interrogation --- Criminal investigation --- Questioning --- Interviewing in law enforcement
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The extreme interrogation tactics permitted after the 9/11 attacks illustrate that the level of fear in society influences law. Confessions of Guilt traces the law of interrogation as it reflects the level of threat felt in society, moving back and forth from greater to lesser tolerance of high-pressure police tactics.
Police questioning --- Confession (Law) --- Torture --- History
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Has the American criminal justice system abandoned its duty to protect the innocent?.
Judicial review --- Judgments, Criminal --- Criminal justice, Administration of --- Due process of law --- False imprisonment --- Law and fact --- Convictions (Law) --- Criminal judgments --- Judgments of conviction --- Criminal courts --- Criminal procedure --- Fact and law --- Questions of fact --- Questions of law --- Appellate procedure --- Civil procedure --- Evidence (Law) --- Jury --- Abuse of process --- Imprisonment, False --- Wrongful imprisonment --- Wrongful incarceration --- Imprisonment --- Malicious prosecution --- Offenses against the person --- Torts
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