GROWTH OF APPEALS BY THE STATE OF CRIMINAL ACTIONS

• NCJ Number: 37602
• Journal: Criminal Justice Quarterly Volume: 3 Issue: 4 Dated: (FALL 1975) Pages: 182-197
• Author(s): R B COHEN
• Date Published: 1975
• Length: 16 pages
• Corporate Author: New York State Division of Criminal Justice Services
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THE PROCEDURAL SAFEGUARDS AFFORDED CRIMINAL DEFENDANTS IN THE MODERN SYSTEM OF CRIMINAL JUSTICE HAVE UNDERCUT THE POLICY CONSIDERATIONS TRADITIONALLY ESPOUSED TO LIMIT APPEALS BY THE STATE.

Abstract

THE HISTORY OF THE STATE'S RIGHT TO APPEAL IN CRIMINAL ACTIONS HAS BEEN THE HISTORY OF THE GROWTH OF THAT RIGHT SUCH THAT THE ONLY REMAINING VALID LIMIT ON THE STATE'S RIGHT TO SEEK JUDICIAL REVIEW IS THE DOUBLE JEOPARDY DOCTRINE. HOWEVER, THE DOUBLE JEOPARDY PRINCIPLE SHOULD NOT BE REMOVED FROM ITS PROPER CONTEXT AND APPLIED TO A SITUATION WHERE THERE IS BUT A SINGLE PROSECUTION RESULTING IN A SINGLE SENTENCE. IT IS ONLY APPLICABLE TO PREVENT GOVERNMENTAL HARASSMENT AND OPPRESSION IN THE FORM OF MULTIPLE PROSECUTION OR MULTIPLE PUNISHMENT FOR THE SAME WRONGFUL CONDUCT.