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Post-Whalen Double Jeopardy In Virginia, Ronald J. Bacigal
Post-Whalen Double Jeopardy In Virginia, Ronald J. Bacigal
Law Faculty Publications
The constitutional prohibition against double jeopardy serves three distinct purposes: (1) prohibition of a second prosecution after acquittal; (2) prohibition of a second prosecution after conviction; and (3) prohibition of multiple punishments for the same offense. This article addresses the problem of defining "the same offense," and specifically focuses on the application of the Blockburger test in light of Whalen v. United States.
Double Jeopardy And The Virginia Supreme Court: Three Approaches To Multiple Punishment, Jane S. Glenn
Double Jeopardy And The Virginia Supreme Court: Three Approaches To Multiple Punishment, Jane S. Glenn
University of Richmond Law Review
The double jeopardy clause of the fifth amendment of the United States Constitution affords three primary protections. First, the clause protects against a second prosecution for the same offense after acquittal. Secondly, it protects against a second prosecution for the same offense after conviction. Thirdly, the clause prohibits the imposition of multiple punishment for a single offense. Although the double jeopardy principle has roots in antiquity, it may be one of our least understood constitutional protections. This comment will focus on the third protection of double jeopardy as it has been developed by the United States Supreme Court and recently …