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Friday, January 17, 2003

The SCOTUS upholds the constitutionality of "double jeopardy" death sentence.

The Constitution guarantees that no one will be "subject for the same offense to be twice put in jeopardy of life or limb." That means that once acquitted of a crime, someone cannot be tried again.

Double jeopardy protection does not apply in Sattazahn's case, because the first jury did not acquit him but merely disagreed whether he deserved to die, Justice Antonin Scalia wrote for the court majority. He was joined by Chief Justice William H. Rehnquist and Justices Sandra Day O'Connor, Anthony M. Kennedy and Clarence Thomas.


Without having actually read the decision, I suppose the majority was correct insofar as the "double jeopardy" principle applies to convictions and not sentences. Still though...

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