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Prohibition against Subsequent Prosecution: Periscoping the Non Bis in Idem Principle

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Chapter Summary

This chapter briefly unfolds the law of double jeopardy, with particular emphasis on the application of the plea of autrefois acquit and the ne bis in idem principles. For a clear understanding of the application of the autrefois acquit rule and other consequential issues of general importance, it is imperative to consider its application in four common law jurisdictions namely; England, Canada, the United States of America and in the mixed jurisdiction of South Africa. As a preliminary issue, it is pertinent to discuss the issue of "attachment of jeopardy" which is germane to the application of the autrefois acquit rule in the jurisdictions.

Keywords: Anglo-American jurisdictions; autrefois acquit; Canadian law; double jeopardy; English law; International law; ne bis in idem principle; South African law; United States of America



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