NCJ Number
15821
Journal
University of Florida Law Review Volume: 25 Issue: 4 Dated: (SUMMER 1973) Pages: 838-844
Date Published
1973
Length
7 pages
Annotation
DISCUSSES THE INTERPRETATION OF DOUBLE JEOPARDY GROWING OUT OF WALLER V. THE STATE OF FLORIDA AND CONSIDERS THAT DOUBLE JEOPARDY IS APPLICABLE WHERE A SINGLE TRANSACTION IS INVOLVED REGARDLESS OF THE NUMBER OF LAWS VIOLATED.
Abstract
THE NEED FOR ADOPTION OF A NEW STANDARD TO IDENTIFY DOUBLE JEOPARDY IS AFFIRMED. THE SAME EVIDENCE TEST TO ESTABLISH DOUBLE JEOPARDY IS CONSIDERED INADEQUATE SINCE IT LEAPS TO DIVIDING UP THE EVIDENCE ASSOCIATED WITH A CRIME ON THE BASIS OF A PREDETERMINATION TO PROCESS THE DEFENDANT IN MORE THAN A SINGLE TRIAL. IN THE WALLER APPEAL THE COURT CONCLUDED THAT THE LESSER INCLUDED OFFENSE TEST TO JUSTIFY DOUBLE JEOPARDY DID NOT APPLY SINCE THE CHARGES AGAINST THE DEFENDANT WERE NOT RELATED EVEN THOUGH STEMMING FROM A SINGLE ACT. THE AUTHOR CONSIDERS THAT THE LESSER OFFENCE AND SAME EVIDENCE TESTS ALLOW TOO MUCH POSSIBILITY FOR THE COURTS TO DERIVE SEPARATE TRIALS FROM A SINGLE TRANSACTION. HE ANTICIPATES THAT THE SUPREME COURT WILL DEFINE DOUBLE JEOPARDY AS INVOLVING MORE THAN ONE TRIAL GROWING FROM A SINGLE INCIDENT.