LS305-01 Constitutional Law Unit 8 assignment

In the case of sattazahn v pennsylvania 2002 the us

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In the case of Sattazahn v. Pennsylvania (2002), the U.S. Supreme Court considers the double jeopardy clause in the context of a retrial. At his first trial, the defendant was convicted of first- degree murder, but the penalty phase resulted in a hung jury, a default life sentence was imposed. The defendant then appealed his conviction and won a reversal. At the retrial, the prosecution again won a conviction, but this time, it also won a unanimous verdict for the death penalty. The court rules that this second attempt concerning the death penalty does not violate the double jeopardy clause because the first jury’s inability to reach a unanimous verdict meant that there was no official finding that the prosecution had, or had not, proven any particular fact, all of the facts related to what kind of penalty the defendant deserved were still open questions at the time of the second trial, thus the second jury could look at those facts again. A great deal has been written about the Supreme Court's dual sovereignty doctrine and almost all of it is critical. Commentators have consistently argued against the dual sovereignty theory the Court has forged, advocating its abolition or at least limitation. About half of the state legislatures have declined the broad power to again prosecute afforded by the Supreme Court.
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LS305-01 Constitutional Law Unit 8 assignment The Fifth Amendment discusses, legal protocol as it relates to persons who are suspected, accused, or formally charged in relation to commission of a crime. It does not protect a person from being tried by two or more separate governments. With that being said, both the federal
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  • Fall '12
  • Fourteenth Amendment to the United States Constitution, Constitutional Law Unit

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