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Full-Text Articles in Law
Double Jeopardy And The Death Penalty: A Fundamental Constitutional Protection With Life Or Death Consequences, Kristen Lindsay Todd
Double Jeopardy And The Death Penalty: A Fundamental Constitutional Protection With Life Or Death Consequences, Kristen Lindsay Todd
Campbell Law Review
What is the effect of a deadlocked jury in a sentencing hearing for the application of the death penalty on the termination of jeopardy? This comment will explore this issue as presented in Sattazahn v. Pennsylvania, and analyze not only the arguments made in both the majority and dissenting opinions, but other considerations which arise when deciding if double jeopardy protections should apply. Also considered in the comment is the effect of the Sattazahn decision on future criminal defendants. What consequences will this decision have for the death row defendant when trying to decide whether to appeal his possibly erroneous …
Once, Twice, Four Times A Felon: North Carolina's Unconstitutional Recidivist Statutes, Jason White
Once, Twice, Four Times A Felon: North Carolina's Unconstitutional Recidivist Statutes, Jason White
Campbell Law Review
This article will examine actions taken by the North Carolina legislature to address problems posed by recidivist criminal behavior. In particular, the constitutional standing of North Carolina's habitual misdemeanor assault and habitual impaired driving statutes will be evaluated. In order to provide an adequate discussion, the history and general principles of recidivism will be addressed. In addition, the impact of recidivist statutory trends upon constitutional guarantees of double jeopardy will be analyzed. Finally, the article will explain that North Carolina's habitual misdemeanor statutes are standing upon teetering constitutional ground.
Double Jeopardy - When Does Jeopardy Attach In A Non-Jury Trial In North Carolina? - State V. Brunson, John M. Nunnally
Double Jeopardy - When Does Jeopardy Attach In A Non-Jury Trial In North Carolina? - State V. Brunson, John M. Nunnally
Campbell Law Review
Under Brunson, clear guidelines now exist for all parties involved in criminal trials regarding exactly when jeopardy attaches in a nonjury trial in North Carolina. This Note will analyze the court's decision. First, this Note will present the facts that were before the Brunson court. Second, this Note will discuss the history of double jeopardy and the conflicting views of when it attaches in a bench trial. Third, this Note will analyze the Brunson decision and its effect on criminal procedure in North Carolina. Finally, this Note concludes that although the time period adopted by the court is correct, …
The Dual Sovereignty Doctrine Extended To Successive State Prosecutions - Heath V. Alabama, Clifton Walker Homesley
The Dual Sovereignty Doctrine Extended To Successive State Prosecutions - Heath V. Alabama, Clifton Walker Homesley
Campbell Law Review
The purpose of this note is to emphasize that while the dual sovereignty doctrine is legally sound in its application to successive prosecutions by different states, care must be taken to prevent abuse of the doctrine. This note proposes that individual states develop consistent policies to deal with the unique situation in which the facts of the case allow for the possibility of successive prosecutions. By doing this, the states can assure that the operation of the doctrine will not result in an injustice to the defendant.