ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Federal Judiciary Blogs -> Decision of the Day

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Federal Judiciary

: Decision of the Day

Another Reason To Say No To Drugs

By Robert Loblaw

ADVERTISEMENTS

Students for a Sensible Drug Policy v. Spellings, 07-1159 (8th Cir., April 29, 2008)

Under a 1998 law, students who are convicted of possessing or selling drugs are ineligible for federal financial assistance. One strike buys a year or two of ineligibility and, depending on the offense, multiple strikes can result in a permanent ban. (The ban has since been amended to apply only to students who commit the offenses while receiving aid.) A group of students challenged the ban, arguing that it violated the Fifth and Eighth Amendments, but the district court dismissed their suit.

I guess the cruel and unusual punishment argument was a bit too much even for the plaintiffs, as they abandoned this claim on appeal.  But the plaintiffs did appeal on Fifth Amendment grounds, arguing that the ban violated the double jeopardy clause. They claimed that the ban amounted to a second criminal punishment for the same offense, pointing to legislative history that the ban was intended to deter drug use on campus by severely punishing those who get caught. But the Eighth holds otherwise, concluding that the ban is more like a civil sanction than punishment.  Accordingly, the Court affirms the district court’s dismissal.

In a perfectly snarky world, the Eighth would have issued this decision on April 20, but I suppose April 29 is close enough for government work.

Full post as published by Decision of the Day on April 29, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0032 secs (from cache 10/31/26 10:42:45)