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- Title
"SAME OFFENSE."
- Authors
Kerr, James M.
- Abstract
The article presents information about various issues related to the concept of "same offence." In the bill of rights and constitutional guaranty of the Federal and state governments in the U.S., there are provisions which prohibit a person from being twice put in jeopardy for the same offense; and in the laws of many of the states there are provisions for an increase in the punishment to be inflicted upon a second or subsequent conviction for the same offense. Under the various state constitutions containing provisions that no person shall be twice put in jeopardy for the same offense, the phrase "same offense" is held to mean "the same criminal act," and includes not only identity of the act constituting the offense charged, but also identity in the form, nature, and effect of the provision therefore; yet it does not signify the same offense of nominie, but simply the same criminal act or omission. The last case is in harmony with the great weight of decision which is, as we have seen, to the effect that the fifth amendment to the Federal constitution is not a limitation on the state.
- Subjects
UNITED States; CRIME; FEDERAL government; CRIME prevention; CRIMINAL act; PUNISHMENT
- Publication
Journal of the American Institute of Criminal Law & Criminology, 1914, Vol 4, Issue 5, p716
- ISSN
0885-4173
- Publication type
Article
- DOI
10.2307/1132650