Double Jeopardy - Prosecution of Related Offenses in Separate Trials: State v. Woodfork
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Authors
Holmstrom, Mark D.
Issue Date
1993
Volume
26
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|In 1791, the states ratified the Fifth Amendment to the United States Constitution, which secured each individual's right to fair treatment and protection by the United States government. The Double Jeopardy Clause of the Fifth Amendment operates against the states via the Fourteenth Amendment and provides that no person shall '"be subject for the same offence to be twice put in jeopardy of life or limb." The United States Supreme Court has held that the double jeopardy protection of not being "twice put in jeopardy" for the same offense includes "the right not to be twice put on trial for the same offence." The Court has construed the Double Jeopardy Clause to protect an individual from falling prey to the risks of conviction from multiple prosecutions for a single alleged violation of the law. The Double Jeopardy Clause also protects an individual against multiple punishments for the same offense by preventing a sentencing court from punishing the defendant further after that defendant has already fulfilled a legally imposed punishment. The Double Jeopardy Clause thus provides a constitutional buffer against possible unlawful prosecutions by overzealous prosecutors...
Description
Citation
26 Creighton L. Rev. 169 (1992-1993)
Publisher
Creighton University School of Law