Double Jeopardy by Thomas III George C.;

Author:Thomas III, George C.;
Language: eng
Format: epub
Publisher: New York University Press
Published: 1998-12-08T16:00:00+00:00

A Legislative-Prerogative, Blameworthy-Act Alternative to Blockburger

This section begins by restating the principle that underlines the book: the legislature creates criminal blameworthiness and the procedure for rendering judgments about that blameworthiness. As Justice Washington indicated in 1820, the legislature can have as many penalties as it wants (and can define verdict in any way it wishes). Because the legislature almost never states its intent on whether any two of the thousands of criminal offenses create distinct or overlapping blameworthiness, the most important task is to develop a methodology for presuming that intent. This section identifies several presumptions that naturally arise from a blameworthy-act test. The next two sections discuss the related problem of how to evaluate manifestations of intent to rebut the presumptions.

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