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Double Jeopardy And Prosecutorial Appeal Of Sentences: Di Francesco, Bullington, And The Criminal Code Reform Act Of 1981, Ronald P. O'Hanley, Iii
Double Jeopardy And Prosecutorial Appeal Of Sentences: Di Francesco, Bullington, And The Criminal Code Reform Act Of 1981, Ronald P. O'Hanley, Iii
Vanderbilt Law Review
This Recent Development first traces the evolution of the double jeopardy doctrine. The Recent Development then focuses on the recent sentence modification cases as well as the proposed revisions to the Federal Criminal Code. Finally, this Recent Development attempts to develop a coherent double jeopardy rationale and concludes that, under this proposed rationale, unilateral government appeal of sentences is unconstitutional.
Estelle V. Smith: The Constitutional Contours Of The Forensic Evaluation, Christopher Slobogin
Estelle V. Smith: The Constitutional Contours Of The Forensic Evaluation, Christopher Slobogin
Vanderbilt Law School Faculty Publications
In Estelle v. Smith,' the United States Supreme Court recognized for the first time that an evaluation of a criminal defendant by a mental health professional may implicate both the Fifth Amendment privilege against self-incrimination and the Sixth Amendment right to counsel. The issues raised in Estelle are significant not only for the legal profession but also for those in the mental health professions who perform "clinical" evaluations for the criminal courts. Estelle involved the case of Ernest Smith, who was sentenced to death by a Texas jury in 1974. Prior to trial, the judge ordered a psychiatrist, Dr. Grigson, …