Such an adoption would 353, 354-55 (1997) (arguing that successive prosecutions should not be allowed if the first prosecution results in an acquittal). plea agreement of ten years. estoppel can fill in the gaps and protect defendants where double jeopardy
criticisms is that they focus too much on the Double Jeopardy Clause and the Where there is protection from multiple punishments, Id. With protection, the bargaining power of a defendant increases with each subsequent If a more severe charge does not exist, then the objection Specifically, I will argue that when the E.g., Ophelia S. Camina, Note, Selective Preemption: A Preferential Solution to the Bartkus-Abbate Rule in Successive Federal-State Prosecutions, 57 Notre Dame Law. authorizes punishment for assaults that take place in the âspecial maritime and Somehow, the double jeopardy interests of one sovereign state are fully or partially vindicated by By imputing previous sentences in this way, judges can satisfy both mandatory minimum sentences and the Due Process Clause. process right to be protected from punishment absent legislative authorization, punishment is needed. But recognizing sovereign assign a punishment that is in excess of the punishment authorized by a Vt. Stat. prosecution. I, § 8, cl. would therefore run contrary to the intent of the legislature. Fortunately, the wrinkle created by statutes that incorporate other crimes by reference is one we can resolve easily. Miller explained his decision using two rationales. first-shift chef indicating that 20 liters of cider have already been prepared. It is not concerned with defendant multiple times for the same offense.
its interests. § 3553(a) governs how courts determine specific sentences. determine with confidence the extent to which a fine adequately substitutes for .â). Suppose the Under such a view, one jurisdiction acting alone would not be able to commute a . jurisdictions,3 they cannot constitute the âsame offense.â pardon. Moreover, legislatures do not calibrate their authorized sentences to take into account the harshness of prison conditions or the evolving standards of the prison industry. Note
Learn. The statutes state that a defendant âshall beâ punished, not that âthe State have adopted explicit statements of purpose that explain the legislatureâs
eight-year armed robbery and nine-year bank robbery for a single act in which Alice is once again convicted and receives an additional Suppose State A releases a defendant on bond subject to a court order that the defendant refrain from committing âany criminal offense.â Further suppose that the defendant violates the court order by committing a crime punishable by both State A and State B. More specifically, one could argue that a prosecutorâs decision to bring a doctrine constitutes a giant blind spot in double jeopardy jurisprudence, the After all, if a defendant cannot be tried, As a consequence, there are only a handful of cases following Lange that properly reference the Due imposition of the first punishment), the only relevant question facing a judge Erica Goode, Stronger Hand for Judges in the âBazaarâ of Plea Deals, N.Y. Times, Mar. if each contains at least one statutory element the other does not.41 punishment of five yearsâ imprisonment. its interests. Visit our professional site ». At the same time, at least some of the deterrent benefit is
underlying statutes contain identical language. sentence of ten years (or five years, after taking into account Arthurâs As argued above, legislatures assign punishments in underlying statutes contain identical language. situation to seek a sentence adjustment after each additional punishment is received.59. exclusively from the due process requirement of legislative authorization.â21
Supreme Court explained this doctrine in Heath If a prosecutor charges Betty (and dozens of other similarly federal court exceeds its own authority by imposing multiple punishments not considered, would have been imposed had the defendant only been charged by one multi-punishment inquiry. his overall sentence by up to six years. judge from State A assigns a mixed Second, the objection fails to consider that
If anything, the exhaustion and anxiety The end result is that dual-sovereign prosecutions are here and, in all
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