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The Sufficiency-Weight Distinction - A Matter Of Life Or Death, Michael Seward
The Sufficiency-Weight Distinction - A Matter Of Life Or Death, Michael Seward
University of Miami Law Review
No abstract provided.
The Burden Of Proof In Double Jeopardy Claims, Michigan Law Review
The Burden Of Proof In Double Jeopardy Claims, Michigan Law Review
Michigan Law Review
This Note argues that once the defendant raises a nonfrivolous double jeopardy claim that turns on a question of fact, the government should have the burden of proving that the two crimes charged are actually different. Part I traces the development of the law and the major factors behind recent federal court scrutiny of the traditional rule. Part II argues that constitutional considerations require courts to shift the burden of proof to the government, not only when practical considerations suggest the shift, but in all cases turning on questions of fact. Finally, Part III reconciles this allocation with the well-established …
Double Jeopardy: A Systematic Method For Evaluating Evidentiary Sufficiency And Weight Of The Evidence
Washington and Lee Law Review
No abstract provided.