NCJ Number
64355
Date Published
1976
Length
480 pages
Annotation
DECISIONS OF THE UNITED STATES SUPREME COURT WHICH HAVE ESTABLISHED THE PARAMETERS OF POSTTRIAL RIGHTS FOR OFFENDERS ARE EXAMINED, ALONG WITH THE APPLICATION OF THESE DECISIONS BY LOWER COURTS.
Abstract
THIS IS THE FINAL VOLUME OF THE SERIES 'CONSTITUTIONAL RIGHTS OF THE ACCUSED,' WHICH CONTAINS TWO PREVIOUS VOLUMES DEALING WITH PRETRIAL AND TRIAL RIGHTS OF THE ACCUSED. JUDICIAL DECISIONS BEARING UPON THE PUNISHMENT OF THE OFFENDER FOCUS UPON THE NATURE OF 'CRUEL AND UNUSUAL PUNISHMENT' AS PROHIBITED BY THE CONSTITUTION. CAPITAL PUNISHMENT, DISPROPORTIONATELY, MISCELLANEOUS FORMS OF PUNISHMENT, AND PUNISHMENT FOR STATUS ARE EXAMINED FOR THE COURT'S JUDGMENTS AS TO THEIR RELEVANCE TO CRUEL AND UNUSUAL PUNISHMENT. JUDICIAL DECISIONS FOCUSING ON EXCESSIVE FINES AND CONDITIONS OF INCARCERATION ARE ALSO CONSIDERED AS ELEMENTS OF PUNISHMENT, FOLLOWED BY AN INVESTIGATION OF THE LEGAL PARAMETERS OF PROBATION AND PAROLE. JUDICIAL DECISIONS RELATING TO THE PARDONING POWER OF THE PRESIDENT ARE EXPLORED WITH RESPECT TO THE SUBJECTS OF PARDON OR COMMUTATION AND THE EFFECTIVENESS OF THE PRACTICE. COURT JUDGEMENTS REGARDING DOUBLE JEOPARDY ARE DISCUSSED, WITH PARTICULAR ATTENTION TO WHEN JEOPARDY ATTACHES, THE DISCHARGE OF THE JURY, IDENTITY OF OFFENSES, VACATION OF PRIOR JUDGMENT, AND RES JUDICATA AND COLLATERAL ESTOPPEL. HABEAS CORPUS PARAMETERS ARE DISCUSSED WITH RESPECT TO STATUTORY IMPLEMENTATION, CUSTODY, EXHAUSTION OF REMEDIES, EVIDENTIARY HEARING, APPEAL, AND SUCCESSIVE PETITIONS. THE APPENDIX CONTAINS THE PERTINENT FEDERAL STATUTES, AS WELL AS RECENTLY ADOPTED FEDERAL RULES FOR SUCH PROCEEDINGS. AN INDEX IS INCLUDED. (RCB)