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NCJ Number: 149935 Add to Shopping cart Find in a Library
Title: Double Jeopardy After United States v. Dixon
Journal: Criminal Law Bulletin  Volume:30  Issue:4  Dated:(July-August 1994)  Pages:346-365
Author(s): T J Hickey
Date Published: 1994
Page Count: 20
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: The double jeopardy clause of the Fifth Amendment is examined with respect to United States Supreme Court decisions, with emphasis on the impact of the decision in United States v. Dixon.
Abstract: Supreme Court precedents interpreting the clause have often seemed confusing and difficult to apply, particularly with respect to defining precisely what constitutes the "same offense" under the Fifth Amendment. For approximately 60 years, the Supreme Court's Blockburger test provided the standard for determining if a defendant could be tried in multiple prosecutions for substantially similar criminal offenses. Unfortunately, in 1990 the Court abandoned this test, adopting instead a same-conduct double jeopardy case. The new test, established in Grady v. Corbin, was fragmented and difficult to apply. Recently, however, the Court, In United States v. Dixon, overruled Grady v. Corbin and returned to the traditional Blockburger test. The Blockburger/Dixon standard establishes an effective bright- line double-jeopardy test that will aid judges, prosecutors and defense attorneys. It also strikes a more effective balance between a defendant's interest in avoiding multiple prosecutions and society's interest in prosecuting criminals. Footnotes
Main Term(s): US Supreme Court decisions
Index Term(s): Right against double jeopardy; Successive prosecutions
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