skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 32943 Find in a Library
Title: GOVERNMENT APPEALS OF PRETRIAL DISMISSALS - THE IMPLICATIONS OF DOUBLE JEOPARDY
Journal: LOYOLA LAW REVIEW  Volume:21  Issue:4  Dated:(FALL 1975)  Pages:942-959
Author(s): S L LITZAU
Corporate Author: Loyola University
School of Law
United States of America
Date Published: 1975
Page Count: 18
Sponsoring Agency: Loyola University
New Orleans, LA 70118
Format: Article
Language: English
Country: United States of America
Annotation: THE 1971 AMENDMENT TO THE CRIMINAL APPEALS ACT (SECTION 3731) GIVES THE GOVERNMENT THE RIGHT TO APPEAL IN ALL CRIMINAL CASES EXCEPT WHERE THE CONSTITUTIONAL RIGHT AGAINST DOUBLE JEOPARDY PROHIBITS FURTHER PROSECUTION.
Abstract: THIS COMMENT EXPLORES THE SCOPE OF APPELLATE JURISDICTION GRANTED UNDER THE CRIMINAL APPEALS ACT WITH SPECIFIC REFERENCE TO A PRETRIAL DISMISSAL OF AN INDICTMENT BASED UPON EVIDENCED TO BE ADDUCED AT THE TRIAL. EXAMINED ARE THE DOUBLE JEOPARDY CLAUSE AND ITS INTENDED CONSEQUENCES AND THE HISTORICAL IMPLICATIONS OF THE CRIMINAL APPEALS ACT, STARTING WITH THE INITIAL PASSAGE OF THE ACT AND CONTINUING WITH CONSIDERATION OF SOME OF THE KEY CASES PRE-DATING BOTH THE 1971 AMENDMENT AND SUBSEQUENT AMENDMENTS. ALSO ANALYZED ARE POST-AMENDMENT DECISIONS HOLDING APPEALABLE DISMISSALS PREMISSED ON A FACT NOT GOING TO THE GENERAL ISSUE, THOSE BASED ON UNDISPUTED FACTS, AND THOSE PREMISSED SOLELY ON FACTS IN THE RECORD. THE LACK OF CONSENSUS REGARDING DISMISSALS BASED ON THE RESOLUTION OF A DISPUTED FACT IS CITED.
Index Term(s): Appeal procedures; Appellate courts; Federal Code; Judicial decisions; Judicial review; Jurisdiction; Pretrial procedures; Right against double jeopardy
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=32943

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.