CRIMINAL PROCEDURE - RESENTENCING - THE PROCEDURAL DUE PROCESS PROTECTIONS ESTABLISHED IN NORTH CAROLINA V PEARCE ... ARE INAPPLICABLE TO THOSE CASES IN WHICH THE JURY PERFORMS THE RESENTENCING FUNCTION

• NCJ Number: 13498
• Journal: Brooklyn Law Review Volume: 40 Issue: 3 Dated: (WINTER 1974) Pages: 786-802
• Author(s): ANON
• Date Published: 1974
• Length: 17 pages
• Corporate Author: Brooklyn Law School
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

ANALYSIS OF THE DEVELOPMENT OF CONSTITUTIONALLY MANDATED RESTRICTIONS ON SENTENCING A DEFENDANT AFTER A NEW TRIAL TO A TERM HARSHER THAN ORIGINALLY IMPOSED.

Abstract

NORTH CAROLINA V. PEARCE, DECIDED IN 1969, PERMITTED A JUDGE TO INCREASE SENTENCES ON RETRIAL BUT ESTABLISHED THE PROTECTIVE RESTRICTION OF A STATEMENT OF REASONS ON THE RECORD TO PREVENT JUDICIAL VINDICTIVENESS. THE CONCERN OF THE COURT FOR THE POSSIBLE 'CHILLING EFFECT' ON A DEFENDANT'S RIGHT TO APPEAL A CONVICTION AND THE WAYS IN WHICH SUCH RE-TRIALS CAN BE DISTINGUISHED FROM DOUBLE JEOPARDY ARE TRACED THROUGH AN ANALYSIS OF SUPREME COURT CASES. SINCE PEARCE, THE COURT HAS NARROWED WHAT SEEMED TO BE A BROAD HOLDING IN THAT CASE. THIS IS ILLUSTRATED BY A DISCUSSION OF A 1972 CASE WHICH HELD THAT PEARCE RESTRICTIONS DID NOT APPLY TO TRIALS DE NOVA, AND TWO 1973 DECISIONS HOLDING THAT PEARCE DID NOT APPLY RETROACTIVELY OR TO RESENTENCING BY JURIES.