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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 …