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Keywords: double jeopardy
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Journal Articles
New Criminal Law Review (2021) 24 (4): 498–517.
Published: 01 October 2021
... of the duplicative state prosecution reached the United States Supreme Court, the defendant lost 5-4. Criminal practitioners know that result as Bartkus v. Illinois, 359 U.S. 121 (1959), a rule of double-jeopardy “dual sovereignty” that the Court reaffirmed in 2019. But next to nobody appreciates how it began...
Journal Articles
New Criminal Law Review (2021) 24 (4): 518–567.
Published: 01 October 2021
...Isa C. Qasim In 2018, the Supreme Court issued a little noticed decision, Currier v. Virginia, that signaled a potential revolution in the Double Jeopardy Clause doctrine. This essay uses that decision to reconsider the Clause’s disparate protections, seeking coherence in this long-confused area...
Journal Articles
New Criminal Law Review (2012) 15 (4): 511–541.
Published: 01 October 2012
...Richard L. Lippke The question addressed concerns the defensibility of that part of the Constitutional ban on double jeopardy which forbids the state from retrying criminal defendants for the same crimes of which they have earlier been acquitted. A procedure for permitting the retrial...