NCJ Number
42657
Journal
Virginia Law Review Volume: 63 Issue: 2 Dated: (MARCH 1977) Pages: 325-347
Date Published
1977
Length
23 pages
Annotation
THIS NOTE ASSESSES THE CONSTITUTIONALITY OF THE U.S. SENATE PROPOSAL IN S.1 TO AUTHORIZE THE FEDERAL PROSECUTOR TO PETITION THE COURT OF APPEALS TO INCREASE THE SENTENCE IMPOSED BY THE TRIAL COURT.
Abstract
THE PROPOSAL IS CONTAINED IN SECTION 3725 OF THE CRIMINAL JUSTICE REFORM ACT OF 1975 (S.1). THE AUTHOR EVALUATES THE CONSTITUTIONALITY OF THE PROPOSAL BY EXAMINING FEDERAL CASE LAW DEALING WITH MULTIPLE CRIMINAL PROSECUTIONS, RESENTENCING, AND GOVERNMENT APPEALS. HE CONCLUDES THAT APPELLATE REVIEW OF SENTENCING FOR THE PURPOSE OF INCREASING SENTENCE IS ANTAGONISTIC TO THE INTERESTS AND POLICIES IDENTIFIED AND PROJECTED BY THE U.S. SUPREME COURT IN PREVIOUS DOUBLE JEOPARDY AND DUE PROCESS DECISIONS AND THAT THE POWER OF THE GOVERNMENT TO EXPOSE THE DEFENDANT TO THE FULL RANGE OF CRIMINAL PUNISMENT SHOULD BE LIMITED BY THE NEED TO PREVENT A RECURRENCE OF HIS PERSONAL ORDEAL. (AUTHOR ABSTRACT MODIFIED)...EB