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
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