The Changing Tide of Double Jeopardy and American Reform

Essay from the year 2010 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: 85%, The University of North Carolina at Chapel Hill, course: American Law, language: English, abstract: A change has been happening to the nature of an age old legal right. To people in some countries and jurisdictions this has been a fundamental right, up there with a person's right to trial. It has been a free standing rule for over 2000 years of recorded history. A person has the right to their day in court, but this addresses a person's right to not have the same charges brought against them over and over again. Known as double jeopardy to most, it is the idea that once you are brought in front of your peers or a court, once set free, no one may attempt to punish you for this act again. So why is the traditional understanding of former/double Jeopardy being put into jeopardy?

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General Counsel of Knights Legal Professional Corporation, Yuce Baykara is an award-winning former litigator and advisor with the Ontario Government, and noted commentator and contributor to prominent legal profession publications in Canada and United States. Prior to co-founding KNIGHTS LPC, Mr. Baykara owned and operated his own practice, serving clients in the Greater Toronto Area with innovative and flexible legal solutions with a collaborative approach to client care. Mr. Baykara was also Legal Counsel with Sauvageau & Associates, a corporate commercial litigation firm where he litigated for large commercial clients at all levels of court in Ontario, Alberta, and British Columbia. Mr. Baykara has a client focused approach which he developed serving as a Crown Advisor with the Ontario Ministry of Community and Social Services and Ministry of Children and Youth Services. Mr. Baykara also served within the Litigation department of the Ministry of the Attorney General, working on a number of high profile cases which directly affected the lives of Ontarians. From his work with the Ontario government, Mr. Baykara was awarded the Prix Excelsior Award for Excellence in Litigation, from the Office of the Attorney General of Ontario, the Bravo! Award for Outstanding Contributions in Public Service from the Minister of Community and Social Services, and the Pinnacle Award for Innovation & Creativity from the Ministry of Children and Youth Services. Mr. Baykara holds a Master of Laws (LL.M) from the University of Toronto, and completed his law degree (LL.B) at the University of Manchester, and The University of North Carolina. Prior to his studies in law, Mr. Baykara completed a Specialized Bachelor of Arts in Political Science from York University. Mr. Baykara is a member of the Law Society of Upper Canada, Ontario Bar Association, Toronto Lawyers Association, and American Bar Association.