Social Sciences and the Law

How did double jeopardy in England differ from modern double jeopardy in the US?

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The Fifth Amendment's prohibition against double jeopardy is rooted in Anglo-Saxon jurisprudence. Yet, in England, the Crown sometimes ignored the right against double jeopardy. In certain important cases where an acquittal undermined royal interests, the defendant was tried again in a different manner or by a different court. The protection against double jeopardy was also extremely narrow under english law. It applied only to capital crimes, in which the defendant would be subject to the death penalty if convicted. It did not apply to lesser offenses such as noncapital felonies and misdemeanors.

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