Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 29 of 29

Full-Text Articles in Law

Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton Jun 2020

Kidnapping Reconsidered: Courts Merger Tests Inadequately Remedy The Inequities Which Developed From Kidnapping's Sensationalized And Racialized History, Samuel P. Newton

William & Mary Bill of Rights Journal

No abstract provided.


Gamble V. U.S.: Brief Of Amici Curiae Law Professors In Support Of Petitioner, Stuart Banner, Paul Cassell Sep 2018

Gamble V. U.S.: Brief Of Amici Curiae Law Professors In Support Of Petitioner, Stuart Banner, Paul Cassell

Utah Law Faculty Scholarship

In this case currently before the U.S. Supreme Court, petitioner Gamble's brief demonstrates that there was no dual sovereignty doctrine before the mid-19th century. At the Founding and for several decades thereafter, a prosecution by one sovereign was understood to bar a subsequent prosecution by all other sovereigns. Dual sovereignty is thus contrary to the original meaning of the Double Jeopardy Clause. Defendants today enjoy a weaker form of double jeopardy protection than they did when the Bill of Rights was ratified.

But that fact only raises three further questions. First why did the Court erroneously conclude in ...


Motion For Leave To File Amicus Curiae Brief And Brief For The National Association For Public Defense And Kentucky Association Of Criminal Defense Lawyers As Amici Curiae In Support Of Petitioner, Sneed V. Burress (U.S. March 24, 2017) (No. 16-8047)., Janet Moore Mar 2017

Motion For Leave To File Amicus Curiae Brief And Brief For The National Association For Public Defense And Kentucky Association Of Criminal Defense Lawyers As Amici Curiae In Support Of Petitioner, Sneed V. Burress (U.S. March 24, 2017) (No. 16-8047)., Janet Moore

Faculty Articles and Other Publications

No abstract provided.


A Defendant's Fifth Amendment Right And Double Jeopardy In Contempt Cases, Saba Khan Jan 2016

A Defendant's Fifth Amendment Right And Double Jeopardy In Contempt Cases, Saba Khan

Touro Law Review

No abstract provided.


Dividing Crime, Multiplying Punishments, John F. Stinneford Nov 2015

Dividing Crime, Multiplying Punishments, John F. Stinneford

John F. Stinneford

When the government wants to impose exceptionally harsh punishment on a criminal defendant, one of the ways it accomplishes this goal is to divide the defendant’s single course of conduct into multiple offenses that give rise to multiple punishments. The Supreme Court has rendered the Double Jeopardy Clause, the Cruel and Unusual Punishments Clause, and the rule of lenity incapable of handling this problem by emptying them of substantive content and transforming them into mere instruments for effectuation of legislative will. This Article demonstrates that all three doctrines originally reflected a substantive legal preference for life and liberty, and ...


Dividing Crime, Multiplying Punishments, John F. Stinneford Jun 2015

Dividing Crime, Multiplying Punishments, John F. Stinneford

UF Law Faculty Publications

When the government wants to impose exceptionally harsh punishment on a criminal defendant, one of the ways it accomplishes this goal is to divide the defendant’s single course of conduct into multiple offenses that give rise to multiple punishments. The Supreme Court has rendered the Double Jeopardy Clause, the Cruel and Unusual Punishments Clause, and the rule of lenity incapable of handling this problem by emptying them of substantive content and transforming them into mere instruments for effectuation of legislative will.

This Article demonstrates that all three doctrines originally reflected a substantive legal preference for life and liberty, and ...


Brief Of Christopher L. Tuttle, U.S. Court Of Appeals For The Eleventh Circuit, Case No. 13-12310-A, Daniel A. Horwitz Nov 2014

Brief Of Christopher L. Tuttle, U.S. Court Of Appeals For The Eleventh Circuit, Case No. 13-12310-A, Daniel A. Horwitz

Daniel A. Horwitz

No abstract provided.


Double Jeopardy: A Resentencing Game, Deirdre Cicciaro Nov 2014

Double Jeopardy: A Resentencing Game, Deirdre Cicciaro

Touro Law Review

No abstract provided.


Appellate Division, Second Department, Smith V. Marrus, Elaine Yang May 2014

Appellate Division, Second Department, Smith V. Marrus, Elaine Yang

Touro Law Review

No abstract provided.


Summary Of Lachance V. State, 130 Nev. Adv. Op. 29, Brian Vasek Apr 2014

Summary Of Lachance V. State, 130 Nev. Adv. Op. 29, Brian Vasek

Nevada Supreme Court Summaries

The Court determined whether (1) the sufficiency of the evidence supported the defendant’s domestic battery by strangulation and domestic battery causing substantial bodily harm convictions; (2) the convictions and sentences for possession with intent to sell and simple possession based on possession of the same controlled substance violates the Double Jeopardy Clause; (3) the defendant received adequate notice of the State’s intent to seek habitual criminal status; and (4) the district court properly adjudicated the defendant as a habitual criminal.


A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson, Philip Chinn Nov 2013

A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson, Philip Chinn

Seattle University Law Review

The Double Jeopardy Clause provides that no person will “be subject for the same offence to be twice put in jeopardy of life or limb.” On March 10, 2004, Pedro Cabrera made a statement that cost him fourteen years of his life: he proclaimed his innocence. The court accepted this plea and ordered a finding of guilty with a recommended sentence of six years. However, during an exchange that followed, Mr. Cabrera asserted that he was actually innocent but that he preferred “to take the time” instead of proceeding to trial. The judge then refused to accept Mr. Cabrera’s ...


I’Ll Take “Improper Declarations Of Mistrial” For $2,000.00: Applying The Protection Against Double Jeopardy - Robar V. Labuda, Daniel Fier Aug 2012

I’Ll Take “Improper Declarations Of Mistrial” For $2,000.00: Applying The Protection Against Double Jeopardy - Robar V. Labuda, Daniel Fier

Touro Law Review

No abstract provided.


Developing A State Constitutional Law Strategy In New Mexico Criminal Prosecutions, J. Thomas Sullivan Jan 2009

Developing A State Constitutional Law Strategy In New Mexico Criminal Prosecutions, J. Thomas Sullivan

Faculty Scholarship

This article includes a review of the process by which the New Mexico courts have developed an independent state constitutional jurisprudence reflecting more expansive protections of individual rights than those afforded by the Federal Constitution, as interpreted in the decisions of the United States Supreme Court. It addresses the existing body of state constitutional law and suggests possibilities for further developments, including both the substantive aspects of state constitutional topics and the procedural requirements for asserting state constitutional protections as alternative sources for protection of individual rights. It documents how far New Mexico has come in developing a state constitutional ...


Much Sound, Not Too Much Fury: The Supreme Court's Criminal Law Decisions During The 1997 Term, William E. Hellerstein Jan 1999

Much Sound, Not Too Much Fury: The Supreme Court's Criminal Law Decisions During The 1997 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1995

Double Jeopardy

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1995

Double Jeopardy

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1995

Double Jeopardy

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1993

Double Jeopardy

Touro Law Review

No abstract provided.


When Guilt Should Be Irrelevant: Government Overreaching As A Bar To Reprosecution Under The Double Jeopardy Clause After Oregon V. Kennedy, James F. Ponsoldt Nov 1983

When Guilt Should Be Irrelevant: Government Overreaching As A Bar To Reprosecution Under The Double Jeopardy Clause After Oregon V. Kennedy, James F. Ponsoldt

Scholarly Works

This article examines the effect of Oregon v. Kennedy on the Burger Court's double jeopardy jurisprudence in cases where government misconduct has interfered with the integrity of a first trial. The article proposes the complete elimination of current distinctions between mistrial and appellate reversal cases for double jeopardy analysis, on the ground that those distinctions no longer have intellectual or practical support. Moreover, against the contention of the Court in Oregon v. Kennedy that any test for overreaching necessarily would be standardless, this article proposes the adoption of a "plain error" standard. Under this test, "plain" government error, engaged ...


An Application Of Double Jeopardy And Collateral Estoppel Principles To Successive Prison Disciplinary And Criminal Prosecutions, Joseph S. Colussi Jul 1980

An Application Of Double Jeopardy And Collateral Estoppel Principles To Successive Prison Disciplinary And Criminal Prosecutions, Joseph S. Colussi

Indiana Law Journal

No abstract provided.


Criminal Law, Various Editors Jan 1979

Criminal Law, Various Editors

Villanova Law Review

No abstract provided.


Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas Jan 1973

Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas

Villanova Law Review

No abstract provided.


Double Jeopardy In Juvenile Proceedings, David S. Rudstein Dec 1972

Double Jeopardy In Juvenile Proceedings, David S. Rudstein

William & Mary Law Review

No abstract provided.


Double Jeopardy And Dual Sovereignty: A Critical Analysis, Ray C. Stoner May 1970

Double Jeopardy And Dual Sovereignty: A Critical Analysis, Ray C. Stoner

William & Mary Law Review

No abstract provided.


Criminal Law--Multiple Offenses From A Single Act Not Constitution Double Jeopardy Feb 1970

Criminal Law--Multiple Offenses From A Single Act Not Constitution Double Jeopardy

West Virginia Law Review

No abstract provided.


Criminal Law--Double Jeopardy--Multiple Transgressions From A Single Act, Earl Moss Curry Jr. Dec 1962

Criminal Law--Double Jeopardy--Multiple Transgressions From A Single Act, Earl Moss Curry Jr.

West Virginia Law Review

No abstract provided.


Improper Discharge Of Jury Before Verdict As Double Jeopardy, C. L. C. Dec 1938

Improper Discharge Of Jury Before Verdict As Double Jeopardy, C. L. C.

West Virginia Law Review

No abstract provided.


Constitutional Law--State's Right To Criminal Appeal, C. A. P. Jr. Jun 1938

Constitutional Law--State's Right To Criminal Appeal, C. A. P. Jr.

West Virginia Law Review

No abstract provided.


Intoxicating Liquors-Constitutional Law-Criminal Law-Double Jeopardy Feb 1932

Intoxicating Liquors-Constitutional Law-Criminal Law-Double Jeopardy

Indiana Law Journal

No abstract provided.