Wednesday, October 15, 2014

Landmark Cases for DOUBLE JEOPARDY in the United States

United States v Perez (1824) The Supreme Court ruled a defendant can be retried on the same charges if the court declares a mistrial.

Blockburger v United States (1832) Federal prosecutors may not try defendants multiple times under separate statutes for the same offense.

Palko v Connecticut (1937) The Supreme Court selectively did not apply the DOUBLE JEOPARDY Provision of the 5th Amendment by not applying it to the states through the 14th Amendment.

Benton v Maryland (1969) Supreme Court revised its earlier ruling in Palko v Connecticut and applied the law to the states through the 14th Amendment.

Brown v Ohio (1977) Prosecutors attempted to break up a single act into several acts in order to prosecute different aspects of the same crime. The Supreme Court rejected this idea.

Bluford v Arkansas (2012) Supreme Court ruled that a defendant can be tried again on same charges if a jury verdict was not officially entered.

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