13 Right not to be Subject to Double Jeopardy

This chapter assesses the right not to be subject to double jeopardy, which protects against repeated trial or punishment for the same offence or conduct and ensures respect for the principle of finality in criminal proceedings. It is a crucial protection for the defendant because the possibility of repeated prosecutions or punishment leads to anxiety and stress and generates uncertainty in the wider community. The scope of the protection is therefore important: if it is too narrow, applying only to a second prosecution based on identical charges, prosecutors can still ‘throw the book’ at a defendant by charging him with disparate offences for the same conduct. But if the scope is too broad, it could prevent a defendant who has been unfairly convicted in a first proceeding beset by due process violations from having a new trial. An over-broad scope may also prevent the prosecutor from pursuing other charges and therefore deny victims an effective remedy. The issues that have proved to be the most controversial among international bodies regarding the right not to be subject to double jeopardy have been whether the right only applies to the same offence or also to the same conduct; whether it is limited to a single state’s jurisdiction; the requirement of a ‘final’ verdict; and the definition of the exceptions to the right.

Acute effects from changes in saddle height in perceived comfort during cycling

Prior research did not provide data on acute adaptations to changes in saddle height as commonly performed in bicycle fitting. This study assessed the acute responses from recreational cyclists to changes in saddle height using dynamic bicycle fitting. Ten recreational cyclists completed five trials using three saddle heights (Preferred, High and Low), one Sham-height trial and a final repeated trial for assessment of intra-session reliability. High and Low saddle heights were determined based on dynamically measured knee flexion angles (±10° from their Preferred height). Trials were performed for 30-s at 90 ± 2 rpm and 2.5 W/kg (181 ± 32 W). Perceived comfort and discomfort and rating of perceived exertion were assessed at the end of each trial. Significant differences were determined when p < 0.05. Increased comfort was observed at the preferred saddle height compared to a lower saddle height ( p = 0.03) but no differences were observed between Preferred and High ( p = 0.69) or High vs. Low ( p = 0.06). The Sham height was also not different from its equivalent saddle height ( p = 0.77) and rating of perceived exertion did not differ between saddle heights ( p = 0.33). Recreational cyclists were generally sensitive to changes in saddle height given they reported different levels of comfort between their preferred and a lower saddle height. Similar levels of comfort were observed when a Sham height was introduced, showing that recreational cyclists identified that no change in saddle height was conducted. However, these cyclists could not report differences in comfort when cycling at a High compared to a Low saddle height.

Enhancement of fat metabolism by repeated bouts of moderate endurance exercise

This study compared the fat metabolism between “a single bout of prolonged exercise” and “repeated bouts of exercise” of equivalent exercise intensity and total exercise duration. Seven men performed three trials: 1) a single bout of 60-min exercise (Single); 2) two bouts of 30-min exercise, separated by a 20-min rest between exercise bouts (Repeated); and 3) rest. Each exercise was performed with a cycle ergometer at 60% of maximal oxygen uptake. In the Single and Repeated trials, serum glycerol, growth hormone, plasma epinephrine, and norepinephrine concentrations increased significantly ( P < 0.05) during the first 30-min exercise bout. In the Repeated trial, serum free fatty acids (FFA), acetoacetate, and 3-hydroxybutyrate concentrations showed rapid increases ( P < 0.05) during a subsequent 20-min rest period. During the second 30-min exercise bout, FFA and epinephrine responses were significantly greater in the Repeated trial than in the Single trial ( P < 0.05). Moreover, the Repeated trial showed significantly lower values of insulin and glucose than the Single trial. During the 60-min recovery period after the exercise, FFA, glycerol, and 3-hydroxybutyrate concentrations were significantly higher in the Repeated trial than in the Single trial ( P < 0.05). The relative contribution of fat oxidation to the energy expenditure showed significantly higher values ( P < 0.05) in the Repeated trial than in the Single trial during the recovery period. These results indicate that repeated bouts of exercise cause enhanced fat metabolism compared with a single bout of prolonged exercise of equivalent total exercise duration.