NCJ Number
34452
Journal
William and Mary Law Review Volume: 17 Issue: 2 Dated: (WINTER 1975) Pages: 383-401
Date Published
1975
Length
19 pages
Annotation
REVIEW OF AN APPELLATE COURT DECISION WHICH HELD THAT WHEN THE GOVERNMENT REDUCES A CHARGE FOR A NEGOTIATED GUILTY PLEA IT DOES NOT RELINQUISH ABSOLUTELY THE RIGHT TO PROSECUTE THE DEFENDANT FOR THE GREATER CHARGE.
Abstract
THE CONFLICT BETWEEN THIS RULING IN UNITED STATES V ANDERSON (7TH CIR. 1975) AND THE DECISION IN MULLREED V KROPP 6TH CIR. 1970) THAT IMPLICIT IN THE COURT'S ACCEPTANCE OF A PLEA TO A LESSER OFFENSE A RELINQUISHMENT OF THE RIGHT TO PROSECUTE THE DEFENDANT ON A MORE SERIOUS CHARGE ARE EXAMINED. DOUBLE JEOPARDY AND DUE PROCESS CONSIDERATIONS IN CASE LAW ESTABLISHING THE DUAL-INQUIRY TESTS FORMULATED BY THE SUPREME COURT AND FEDERAL COURTS OF APPEAL FOR CASES INVOLVING PROSECUTION OF MULTIPLE OFFENSES FOR THE SAME TRANSACTION ARE ANALYZED.