NCJ Number
64356
Date Published
1979
Length
68 pages
Annotation
AN UPDATE OF THE FEDERAL LAWS DISCUSSED IN THE BOOK, 'CONSTITUTIONAL RIGHTS OF THE ACCUSED POST-TRIAL RIGHTS', THROUGH SEPTEMBER 1979 IS PRESENTED; DOUBLE JEOPARDY, HABEAS CORPUS, AND PARDONS ARE INCLUDED.
Abstract
GENERAL TOPICS PRESENTED HEREIN INCLUDE CRUEL AND UNUSUAL PUNISHMENT, EXCESSIVE FINES, CONDITIONS OF INCARCERATION, PROBATION AND PAROLE, PARDONING POWER, DOUBLE JEOPARDY, AND HABEAS CORPUS. UPDATE MATERIALS ARE PRESENTED IN SEQUENCE, CORRELATING PRECISELY WITH THE PARENT TEXT, (E.G., CHANGES RELATIVE TO SECTION ONE ARE STATED WITH APPROPRIATE PAGES INDICATED TO FACILITATE ACCESS). RELATIVE CASE LAW AND CITATIONS ARE INCLUDED, WITH BRIEF EXPLANATORY NOTES WHEN INDICATED. REGARDING DOUBLE JEOPARDY, THE SUPREME COURT HELD IN SIMMONS V. UNITED STATES THAT TESTIMONY GIVEN DURING A HEARING MUST BE EXCLUDED FROM A SUBSEQUENT TRIAL. IN ANOTHER CASE, A COURT HELD THAT THE PROTECTION AGAINST DOUBLE JEOPARDY IS APPLICABLE TO CORPORATIONS AS WELL TO INDIVIDUALS. HABEAS CORPUS ISSUES REVISED IN THE SUPPLEMENT FOCUS ON STATUTORY IMPLEMENTATION, CUSTODY, EXHAUSTION OF REMEDIES, EVIDENTIARY HEARINGS, APPEAL, AND SUCCESSIVE PETITIONS. PARDONING POWER NOTES ADDRESS CONDITIONAL PARDONS AND COMMUTATIONS, OPERATION AND EFFECT OF THE PARDON, AND VALIDATION BY DELIVERY AND ACCEPTANCE. (LWM)