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Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear
Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear
UF Law Faculty Publications
Constitutional scholars have long debated the relative merits of a conduct-based compulsory joinder rule. The dialogue has centered on the meaning of the “same offence” language of the Double Jeopardy Clause, concentrating specifically on whether it includes the factual circumstances giving rise to criminal liability or applies only to the statutory offenses charged. However, the Supreme Court, in United States v. Dixon, abandoned as “unworkable” a limited conduct-based approach it had fashioned just three years before in Grady v. Corbin.
This Article does not assess the frequency with which federal authorities prosecute joinable offenses separately. While such information ultimately is …
Virtual Equality As Constitutional Reality: An Introduction, Berta E. Hernández-Truyol
Virtual Equality As Constitutional Reality: An Introduction, Berta E. Hernández-Truyol
UF Law Faculty Publications
Equality is, to be sure, an elusive concept. More often than not, we find it much easier to describe what is unequal (we know it when we see it) than affirmatively to explain equality. This definitional dilemma rises to new heights when courts, in exercising their interpretive legal functions, have to provide all persons the equal protection of the laws."
Over the course of American history and jurisprudence, the Supreme Court itself has a checkered past when it comes to judicial application of rights to equality. In the beginning, there was slavery - the quintessence of unequality - and the …