Abstract
The rationale for the rule of double jeapardy is based on the understanding that the state, unlike individuals, has vast resources at its command to use against the accused if it wishes. I examine the validity of the rule against double jeopardy from the point of view of the ideas of the rule of law, due process and equal protection of the laws. I also apply Rawls ideas of fairness and the original position to the problem of double jeopardy.
How to Cite:
Grcic, J.,
(2005) “Double Jeopardy and Fairness”,
Philosophy and Public Policy Quarterly 25(4),
20–23.
doi: https://doi.org/10.13021/G8pppq.252005.178