Two Sides of the 'Sargasso Sea': Successive Prosecution for the 'Same Offense' in the United States and the United Kingdom

40 Pages Posted: 27 Feb 2009  

Lissa Griffin

Pace University School of Law

Date Written: 2003

Abstract

This article analyzes the U. S. constitutional law interpreting the concept of "same offense." Included is a survey of the Supreme Court's attempts to interpret constitutional text in order to provide adequate protection for the underlying double jeopardy interest against vexatious reprosecutions, which have frequently produced inconsistent and illogical results. Part III of this article analyzes U.K. law relating to the concept of "same offense," where the same narrow double jeopardy protection adopted by the U.S. Supreme Court is supplemented with a broad discretion to prevent unfair successive prosecution that constitutes an abuse of process. Part IV draws lessons from a comparison of U.S. and U.K. law that might serve to rationalize and clarify the U.S. Supreme Court's jurisprudence by supplementing the narrow same-elements interpretation of the Double Jeopardy Clause with a due process or supervisory-power protection against oppressive multiple prosecutions.

Suggested Citation

Griffin, Lissa, Two Sides of the 'Sargasso Sea': Successive Prosecution for the 'Same Offense' in the United States and the United Kingdom (2003). University of Richmond Law Review, Vol. 37, 2003. Available at SSRN: https://ssrn.com/abstract=1350032

Lissa Griffin (Contact Author)

Pace University School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States
914-422-4231 (Phone)

HOME PAGE: http://www.pace.edu/page.cfm?doc_id=23170

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