Download or read book Double Jeopardy and Civil Penalties written by James Dickens and published by . This book was released on 1992 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Double Jeopardy Issues in the Financial Sector Outside Counsel written by Francis (Jay) Facciolo and published by . This book was released on 2019 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: Double jeopardy issues arise regularly in the financial, banking and commodities industries where both civil and criminal statutes and penalties are used in successive prosecutions by federal and state governments to sanction the same conduct. Recent Supreme Court and federal court decisions have established new standards for determining when civil fines and other civil penalties constitute “punishment” for purposes of the double jeopardy clause of the Fifth Amendment. These decisions indicate that where a civil penalty imposed by a federal or state actor bears no “rational relation” to any actual damages caused, the penalty will be characterized as punishment for purposes of the double jeopardy clause. Even a penalty imposed pursuant to a civil statute that is rationally related to actual damages caused may nonetheless be considered punishment if it is designed, even in part, to serve both remedial and punitive functions.
Download or read book Double Jeopardy written by George Conner Thomas and published by NYU Press. This book was released on 1998-11 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first book-length work on the subject in over a quarter century, George C. Thomas III advances an integrated theory of double jeopardy law, a theory anchored in historical, doctrinal, and philosophical method. Tracing American double jeopardy doctrine back to twelfth-century English law, Thomas develops a jurisprudential account of double jeopardy that recognizes the central role of the legislature in creating criminal law blameworthiness. His theory, based on blameworthiness, allows today's courts to move toward a coherent double jeopardy doctrine.
Download or read book Double Jeopardy written by Jay A. Sigler and published by . This book was released on 1969 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Download or read book In Re P S written by and published by . This book was released on 1995 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Halper s Continuing Double Jeopardy Implications written by Stan Cox and published by . This book was released on 2016 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article makes these arguments for Halper's implications in three parts. Section I analyzes the Halper rationale and implications, noting that Austin broadened and clarified Halper's impact, and that Kurth Ranch therefore was an easy and necessary extension of Halper's message. Realizing Halper's breadth, the Kurth Ranch dissenters have started to shy away from some of Halper's implications, and have correctly pointed out contradictions and tensions in the Halper logic. The proper response to these criticisms is to make Halper consistent with larger double jeopardy principles rather than to abandon the case. Halper's implications should be explicitly acknowledged, and contradictions removed from this aspect of double jeopardy law. Interpreting Halper to mean defendants cannot twice be put in jeopardy of punishment for the same actions, regardless of whether the punisher wears a civil or criminal hat, is consistent with the text and prevention-of-harassment purposes of the Double Jeopardy Clause.Part II analyzes the closer calls Halper thus has forced lower appellate courts to make regarding when civil sanctions should be considered punishment for double jeopardy purposes. Because even minor punishments trigger double jeopardy protection, they cannot be winked at if the Double Jeopardy Clause is to have credibility. The task for courts confronted by Halper's implications is to define what punishment is, not to contrive attempts or presumptions which avoid this inquiry. Contrary to Justice Scalia's Kurth Ranch doubts, Part II demonstrates that some lower courts are capable of fleshing out the Halper case-law about punishments, once it becomes clear to them that the case not only will not go away, but may have its strongest force outside Halper's particular factual context.Part III concludes by briefly suggesting how civil and criminal prosecutors can avoid the jeopardy of having parts of their prosecutions declared invalid. I also briefly consider in Part III how the Halper double jeopardy message intersects with related Blockburger and resjudicata doctrines, and reemphasize that the linchpin for any future unified double jeopardy theory should be preventing government punishment harassment.
Download or read book Using Civil Remedies for Criminal Behavior written by Peter Finn and published by DIANE Publishing. This book was released on 1997-09 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advocates the use of civil remedies by police & prosecutors to combat a range of criminal activities including drug dealing, car theft, hate violence & possession of firearms by the mentally ill. Details of the procedure, organization, staffing, program evolution, accomplishments, advantages & Constitutional issues of seven case studies are presented, as well as discussions on making effective use of civil remedies, finding appropriate legislation, involving the community & other agencies, & using civil statutes in a Constitutionally defensible manner. Comparative table, end notes & glossary.
Download or read book United States of America V Dunkel written by and published by . This book was released on 1998 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Our Rights written by David J. Bodenhamer and published by Oxford University Press, USA. This book was released on 2007 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This boxed set contains classroom resources to help America's educators teach about the most important documents in U.S. history"--Box
Download or read book Res Judicata and Double Jeopardy written by Paul Anthony McDermott and published by . This book was released on 1999 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of res judicata deals with all of the circumstances in which parties are barred from litigating an issue because of the result of previous litigation. It pervades many areas of the law, both civil and criminal. In the area of criminal law, double jeopardy and res judicata both play a role. Double jeopardy is concerned with how many times the State can prosecute someone in respect of the same offence in an attempt to convict them. Res judicata is concerned with the extent to which the result of civil proceedings is binding on criminal proceedings and vice versa. There has been a rise of interest in res judicata in recent years and it is now one of the most rapidly expanding areas of Irish law.
Download or read book Historia Placitorum Coronae written by Matthew Hale and published by . This book was released on 1847 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Whalen V United States written by and published by . This book was released on 1987 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code Annotated written by United States and published by . This book was released on 2004 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Double Jeopardy written by David Rudstein and published by Bloomsbury Publishing USA. This book was released on 2004-12-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume traces the history of the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution. It shows that the constitutional guarantee against double jeopardy has its roots in ancient Jewish and early Greek and Roman law. After recapping the history of the clause the Supreme Court's current interpretation of the clause is explained. This book describes the circumstances in which the premature termination of an individual's trial bars a subsequent trail for the same offense. It also examines when the Clause prohibits the government from imposing multiple punishments for the same offense. The final chapter includes a discussion of bibliographical sources.
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
