Journal of Law and Criminal Justice

Criminal Jurisprudence: A Comparative Analysis of the Rule of Double Jeopardy in USA, UK, and Ghana
Ebenezer Kojo Gyesi Mensah

Abstract
The principle of double jeopardy, which is fundamental to criminal jurisprudence, aims to keep persons from being prosecuted or penalized twice for the same offense. Although double jeopardy is a common legal doctrine, there are significant variations in its use and interpretation across legal systems. Ghana, the United States of America (US), and the United Kingdom (UK) are the three nations whose perspectives on the double jeopardy rule are compared in this study. By analyzing similarities, differences, and core concepts, this research seeks to provide insights into the use of double jeopardy in diverse legal contexts and its implications for the defense of individual human rights. There are parallels and divergences among the double jeopardy legal systems of the United States, the United Kingdom, and Ghana. The Fifth Amendment to the US Constitution forbids someone from being "twice put in jeopardy of life or limb" for the same offense, upholding the concept of double jeopardy. While double jeopardy safeguards are incorporated into Ghana's 1992 Constitution, the UK has codified the rule of double jeopardy in laws like the Criminal Justice Act 2003. Notwithstanding these differences, all three countries acknowledge the significance of protecting people from arbitrary prosecution and guaranteeing justice in the legal system. The double jeopardy rule's exclusions and restrictions represent a noteworthy area of difference. In the USA, retrials are allowed under certain circumstances due to exceptions such as mistrials, hung juries, and new evidence. Ghana might not be bound by customs or legal interpretations, but the UK permits retrials in cases requiring new, solid evidence or tainted findings. These variances represent the unique legal practices and cultural contexts of each jurisdiction, impacting the interpretation and application of double jeopardy rules. In Ghana, the UK, and the USA, double jeopardy is applied differently in practice. Although all three nations recognize the notion of double jeopardy, their legal systems may differ in specific legal procedures and exceptions. A body of precedent pertaining to double jeopardy has emerged from major cases in the United Kingdom, pivotal decisions in Ghana, and decisions made by the United States Supreme Court. These variances represent the unique legal practices and cultural contexts of each jurisdiction, impacting the interpretation and application of double jeopardy rules.

Full Text: PDF     DOI: 10.15640/jlcj.v12n1a1