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Case Note: Ashe V. Swenson: Collateral Estoppel, Double Jeopardy, And Inconsistent Verdicts, Mark S. Brodin Jan 1971

Case Note: Ashe V. Swenson: Collateral Estoppel, Double Jeopardy, And Inconsistent Verdicts, Mark S. Brodin

Boston College Law School Faculty Papers

The Supreme Court in Ashe v. Swenson held that the fifth amendment's guarantee against double jeopardy, applicable to the states through the fourteenth amendment, requires that a criminal defendant acquitted of a crime be able to invoke the doctrine of collateral estoppel in a later trial. Commentators had long urged such a rule, and though it has existed for some time in the federal courts, its elevation to a constitutional requirement is a significant step. The case invites consideration of the meaning and purpose of the double jeopardy guarantee and of the jury system itself. Specifically in regard to ...