upon defendant's motion, the Double Jeopardy Clause
The misunderstandings regarding the Double Jeopardy Clause
exist because "[t]he riddle of double jeopardy stands out today as one of the most commonly recognized yet most commonly misunderstood maxims in the law, the passage of time having served in the main to burden it with confusion upon confusion.
The result is that the Double Jeopardy Clause
does not apply
Dual sovereignty means that only where a person is tried twice by the same governmental body is he or she protected by the Double Jeopardy Clause
100) Ashe created a second standard, operating in conjunction with Blockburger, for assessing whether successive prosecutions violate the Double Jeopardy Clause
239) Without making any reference to the interests protected by the Double Jeopardy Clause
or the framer's intent, Justice Taft simply announced that dual prosecutions were not precluded between two different sovereigns, even though on its face, the Fifth Amendment provides for no such exception.
the point is clear: the double jeopardy clause
of the Fifth Amendment
This conclusion -- that the ban on government appeals is attributable to our desire to protect the nullification power -- seems surprising (and a bit suspicious), because we normally think of the double jeopardy clause
as a protection for defendants, to prevent them from being dragged through a trial twice, with all the expense and risk associated with it.
Supreme Court ruled this week that the government can both prosecute someone for a crime and seize his property through civil forfeiture, without violating the Constitution's double jeopardy clause
Carroll said in a memorandum of law accompanying his motion that the double jeopardy clause
of the U.
5) Rosen quite rightly points out that other constitutional provisions, such as the right to travel or the dual sovereignty "sub-doctrine" Double Jeopardy Clause
, function at least in part to ensure that states do not overstep their territorial boundaries in specific circumstances.
The California Supreme Court reversed, holding the double jeopardy clause
does not apply to noncapital sentencing proceedings.
2) Today, the Double Jeopardy Clause
embodies several protections.
The first pressure valve, dual sovereignty, is a feature that distinguishes American law from English law, and provides a way to retry the acquitted without running afoul of the Double Jeopardy Clause
Mr Taylor said the three accused men were so alarmed at the prospect of facing an unsympathetic US jury - Enron was based in Texas and thousands of workers lost their pensions - that their lawyers are now trying to persuade the UK authorities to mount a prosecution in England, which would provide a get-out under the double jeopardy clause
of the agreement.