LS305-01 Constitutional Law Unit 8 assignment

Avoid balancing all of the interests involved was

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avoid balancing all of the interests involved, was that successive prosecutions in different jurisdictions are not defined as the "same offense," so the Double Jeopardy Clause is bypassed. In Hudson v. United States (1997), the U.S. Supreme Court rules that it does not violate the double jeopardy clause to criminally prosecute bank officers for making illegal loans, even though the officers already had paid civil fines and been barred from working in the banking industry. In a unanimous decision written by Chief Justice William H. Rehnquist, the Supreme Court upheld the Tenth Circuit's decision based on the distinction made in United States v. Ward
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LS305-01 Constitutional Law Unit 8 assignment between criminal and civil punishments. The Court held that the Double Jeopardy Clause does not apply to non-criminal penalties, even if the purpose of the penalty is to punish the offenders and deter future offenders. Since the first punishment handed down by the OCC - a Federal Banking Agency, not a court, was not a criminal punishment, the subsequent indictments were upheld. Overruling its 1989 holding in U.S. v. Halper, the court rules that the double jeopardy clause prevents only multiple criminal prosecutions and/or punishments. When only a civil penalty has been imposed, a later criminal prosecution based on the same acts will be allowed.
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