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Download Double Jeopardy: The History, The Law by George C. Thomas III PDF

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By George C. Thomas III

In the 1st book-length ebook at the topic in over 1 / 4 century, George C. Thomas III advances an built-in thought of double jeopardy legislation, a idea anchored in ancient, doctrinal, and philosophical method.

Despite renowned trust, double jeopardy hasn't ever been a difficulty at the legislature. It services as an alternative to maintain prosecutors and judges from enforcing a couple of legal judgment for a similar offense. choosing while probably various offenses represent the "same offense" isn't any effortless activity. neither is it usually effortless to figure out whilst a defendant has suffered multiple felony judgment. Tracing American double jeopardy doctrine again to 12th century English legislation, the e-book develops a jurisprudential account of double jeopardy that acknowledges the crucial function of the legislature in developing legal legislations blameworthiness.

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Additional resources for Double Jeopardy: The History, The Law

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76 What is fair about that? But Model 3 per­ mits the government to prove this conduct. Sentencing is not a verdict— cannot lead to a verdict—and thus it is not a jeopardy that is forbidden by the acquittal. The defendant has been found guilty of only one offense; 38 | The Road Back to Blackstone nothing about being found guilty of one offense, and sentenced for that offense, can ever be double jeopardy under Model 3. Of course, this is just another way to say that the legislature can have whatever sentence and however many convictions that it wants (consistent with due process and the Eighth Amendment).

That this would pass the fairness test seems unlikely. 76 What is fair about that? But Model 3 per­ mits the government to prove this conduct. Sentencing is not a verdict— cannot lead to a verdict—and thus it is not a jeopardy that is forbidden by the acquittal. The defendant has been found guilty of only one offense; 38 | The Road Back to Blackstone nothing about being found guilty of one offense, and sentenced for that offense, can ever be double jeopardy under Model 3. Of course, this is just another way to say that the legislature can have whatever sentence and however many convictions that it wants (consistent with due process and the Eighth Amendment).

He was later prosecuted in Florida for CCE. The Government offered the Washington felony conviction as part of its CCE proof. 38 This is the right way to phrase the legislative-intent question. The question, as the Court realized, is not whether Congress meant to create an offense in addition to the predicate felony offenses; of course Congress meant to do that. The key question is whether Congress meant for the CCE offense to operate sepa­ rate from the predicate felonies, rather than as a substitute for them.

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