A History of the Double Jeopardy Principle: From Classical Antiquity to Modern Era

Dr Ger Coffey, Lecturer in Law, Centre for Crime, Justice and Victim Studies, School of Law, presented a research paper entitled “A History of the Double Jeopardy Principle: From Classical Antiquity to Modern Era” at the 18th Annual International Conference on Law, Athens, Greece, 12th - 15th July 2021.

The research paper critically evaluated the processes leading to the development of the double jeopardy principle as a procedural defence against multiple criminal trials and punishments for substantially the same criminal offence. Through doctrinal analysis of landmarks in the development of  the  principle from ancient Greek and Roman law, Anglo-Saxon law and the influence Canon law, the paper compared and contrasted various theoretical underpinnings in the development and expansion of the principle.

The paper argued that the principle was firmly established as a  fundamental principle of the common law by the late medieval period having developed through influences from continental civil law and canon law. The doctrinal analysis of jurisprudence derived from landmark developments of the  common law principle  revealed  significant  expansions in the application of the principle following the Restoration. The incremental development of this fundamental principle of criminal justice can be explained by reference to the deficiencies in medieval criminal procedure, prejudices and practices of medieval trial procedure and punishments imposed on convicted offenders. The development of the prohibition was necessitated at a time when criminal procedure did not necessarily resolve accusations on the merits of the case but rather according to the power and resources available to the prosecution authorities as opposed to the adverse position of the accused in the  criminal  justice  process extant during the medieval period. Moreover, the medieval criminal trial was rife with procedural and substantive deficiencies to the detriment of the accused.

The conference provided a unique opportunity to meet, hear and learn from distinguished experts, legal professionals and academics from around the world. The exchange of ideas and constructively critical feedback on the hypothesis presented greatly informed the paper that will be published David Frenkel (Ed.), Anthology of Law (2022).

Dr Coffey greatly acknowledges the financial support received from the AHSS Faculty Research Committee to facilitate the presentation of this research paper.