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CONSTITUTIONALITY OF INCREASING SENTENCES ON APPELLATE REVIEW

NCJ Number
52500
Journal
Journal of Criminal Law and Criminology Volume: 69 Issue: 1 Dated: (1978) Pages: 19-39
Author(s)
G P DUNSKY
Date Published
1978
Length
21 pages
Annotation
THIS ARTICLE DISCUSSES WHETHER IT IS A VIOLATION OF THE DOUBLE JEOPARDY AND DUE PROCESS CLAUSES OF THE UNITED STATES CONSTITUTION TO PERMIT AN APPELLATE COURT TO INCREASE A SENTENCE WITHOUT NEW EVIDENCE.
Abstract
TWO FEDERAL STATUTES AND LAWS IN ALASKA, COLORADO, CONNECTICUT, MAINE, MARYLAND, MASSACHUSETTS, MONTANA, AND NEW HAMPSHIRE EMPOWER APPELLATE COURTS TO INCREASE SENTENCES IN CERTAIN CASES. THESE LAWS AND STATUTES ARE REVIEWED AND EXTENSIVE COMMENTARY ON BOTH SIDES OF THE ISSUE IS PRESENTED. REVIEWS BY ADVISORY COMMITTEES OF THE AMERICAN BAR ASSOCIATION, U.S. SUPREME COURT OPINIONS, AND STATEMENTS SUBMITTED TO THE SENATE'S COMMITTEE ON THE JUDICIARY ARE ALL EXAMINED. THE U.S. SUPREME COURT DECISIONS HAVE BEEN CONTRADICTORY AND THE BAR ASSOCIATION COMMITTEES REACHED DIFFERING CONCLUSIONS. BOTH SIDES OF THE ISSUE ARE REPRESENTED IN THE SENATE TESTIMONY. IT IS SUGGESTED THAT NEITHER THE DOUBLE JEOPARDY CLAUSE NOR THE DUE PROCESS CLAUSE IS VIOLATED WHEN AN APPELLATE JUDGE INCREASES A SENTENCE WITHOUT NEW EVIDENCE. REASONING TO SUPPORT THIS CONCLUSION IS PRESENTED. THE ARTICLE IS EXTENSIVELY FOOTNOTED. (GLR)