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"Double Jeopardy as a Limit on Punishment"

By Douglas A. Berman

The title of this post is the title of this great-looking new piece by Professor Carissa Byrne Hessick and F. Andrew Hessick III.  Here is the abstract: One of the most common reasons for a sentencing enhancement is that the defendant has a prior conviction. Courts have rejected claims that these recidivism enhancements violate the prohibition against Double Jeopardy.  They have explained that the Double Jeopardy Clause does not prohibit the legislature from authorizing multiple punishments for one offense and that, in any event, the Double Jeopardy Clause does not apply at sentencing. This Article challenges these conclusions.  It demonstrates that the central motivation for the Double Jeopardy Clause is the prohibition multiple punishments and that allowing recidivism enhancements undermines this principle...continue to full post

Full post as published by Sentencing Law and Policy on March 08, 2011 (boomark / email).