GOVERNMENT APPEALS OF PRETRIAL DISMISSALS - THE IMPLICATIONS OF DOUBLE JEOPARDY

• NCJ Number: 32943
• Journal: Loyola Law Review Volume: 21 Issue: 4 Dated: (FALL 1975) Pages: 942-959
• Author(s): S L LITZAU
• Date Published: 1975
• Length: 18 pages
• Corporate Author: Loyola University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE 1971 AMENDMENT TO THE CRIMINAL APPEALS ACT (SECTION 3731) GIVES THE GOVERNMENT THE RIGHT TO APPEAL IN ALL CRIMINAL CASES EXCEPT WHERE THE CONSTITUTIONAL RIGHT AGAINST DOUBLE JEOPARDY PROHIBITS FURTHER PROSECUTION.

Abstract

THIS COMMENT EXPLORES THE SCOPE OF APPELLATE JURISDICTION GRANTED UNDER THE CRIMINAL APPEALS ACT WITH SPECIFIC REFERENCE TO A PRETRIAL DISMISSAL OF AN INDICTMENT BASED UPON EVIDENCED TO BE ADDUCED AT THE TRIAL. EXAMINED ARE THE DOUBLE JEOPARDY CLAUSE AND ITS INTENDED CONSEQUENCES AND THE HISTORICAL IMPLICATIONS OF THE CRIMINAL APPEALS ACT, STARTING WITH THE INITIAL PASSAGE OF THE ACT AND CONTINUING WITH CONSIDERATION OF SOME OF THE KEY CASES PRE-DATING BOTH THE 1971 AMENDMENT AND SUBSEQUENT AMENDMENTS. ALSO ANALYZED ARE POST-AMENDMENT DECISIONS HOLDING APPEALABLE DISMISSALS PREMISSED ON A FACT NOT GOING TO THE GENERAL ISSUE, THOSE BASED ON UNDISPUTED FACTS, AND THOSE PREMISSED SOLELY ON FACTS IN THE RECORD. THE LACK OF CONSENSUS REGARDING DISMISSALS BASED ON THE RESOLUTION OF A DISPUTED FACT IS CITED.