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Full-Text Articles in Law
Double Jeopardy And Multiple Punishment: Cutting The Gordian Knot, Anne Poulin
Double Jeopardy And Multiple Punishment: Cutting The Gordian Knot, Anne Poulin
Anne Poulin
Courts and commentators treat as axiomatic that the Double Jeopardy Clause protects against multiple punishment as well as reprosecution after acquittal and reprosecution after conviction. They struggle to define a double jeopardy jurisprudence that accommodates all three. By applying the same rules to both multiple punishment and successive prosecution, they undermine core double jeopardy protection. When a defendant claims multiple punishment, legislative will governs, and fragmentation of offenses is acceptable. Successive prosecution claims warrant greater protection. However, because courts apply the same rules to both issues, they inject legislative deference into successive prosecution analysis, reducing double jeopardy protection. Instead, protection …
Rethinking Wolfenden: Prostitute-Use, Criminal Law, And Remote Harm, Michelle Dempsey
Rethinking Wolfenden: Prostitute-Use, Criminal Law, And Remote Harm, Michelle Dempsey
Michelle Madden Dempsey
This article critiques the Wolfenden Committee's conclusion that criminalising prostitute-use is inconsistent with the liberal harm principle. Section one evaluates recent empirical evidence challenging Wolfenden's assumptions regarding prostitution. Section two analyses the use of forced-prostitutes as a direct harm offence of rape. Section three presents a new approach to criminalising the conduct of prostitute-users, and sketches a prima facie case in favour of criminalising solicitation for prostitute-use as an abstract endangerment offence.