Multiple Punishment Protection of the Double Jeopardy Clause: Thomas v. Morris, The
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Authors
Niemeyer, Julie Ruth
Issue Date
1989
Volume
22
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The United States Court of Appeals for the Eighth Circuit determined that a convicted felon sentenced to consecutive terms of fifteen years and life imprisonment for attempted robbery and felony murder should have been released after serving only eight years. This conclusion may appear to be inconsistent with perceived principles of criminal justice. Yet, regardless of initial impressions, this judgment was rendered by the Eighth Circuit in Thomas v. Morris according to principles of double jeopardy.|The double jeopardy clause of the fifth amendment provides that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb." Pursuant to the multiple punishment protection of the double jeopardy clause, the Thomas court en banc held that the defendant had legally satisfied one of the alternative sentences imposed for his criminal action, and therefore, he should be freed from further restraint...
Description
Citation
22 Creighton L. Rev. 1081 (1988-1989)
Publisher
Creighton University School of Law