Constitutional Law-Double Jeopardy-Misdemeanor Conviction at Preliminary Hearing Held a Bar ta Subsequent Felony Prosecution Upon Double Jeopardy Principlus
ثبت نشده
چکیده
منابع مشابه
Felonious or violent criminal activity that prohibits gun ownership among prior purchasers of handguns: incidence and risk factors.
BACKGROUND Federal law prohibits firearm possession by felons and certain others. Little is known about criminal activity resulting in new ineligibility to possess firearms among persons who have previously purchased them. METHODS Cohort study of handgun purchasers ages 21 to 49 in California in 1991, 2,761 with a non-prohibiting criminal history at the time of purchase and 4,495 with no prio...
متن کاملPeter Westen an Attitudinal Theory of Excuse
The mother lode of criminal responsibility scholarship is a unitary theory of criminal excuses, that is, a persuasive normative account of why the criminal law adjudges actors to be blameless despite their having engaged in prohibited conduct. The law’s other criminal defenses do not readily lend themselves to unitary normative accounts or, if they do, they rest on normative accounts that are s...
متن کاملFirearm prohibition for persons convicted of violent crimes: a potential non-legislative approach.
Individuals convicted of violent misdemeanor crimes are at greatly increased risk for subsequent violence, but may purchase firearms under federal law. Felons may not. This 2013 study re-analyzed data collected in 1999 for 787 violent misdemeanants who purchased handguns in California in 1989 or 1990. Nearly 40% had violent misdemeanor convictions resulting from felony charges and would have be...
متن کاملMaking the Crime fit the Penalty: The Role of Prosecutorial Discretion Under Mandatory Minimum Sentencing
This paper empirically documents one way in which prosecutorial discretion can be used to dampen the effects of mandatory minimum sentencing laws. Specifically, I show prosecutors use their discretion over prosecution charges to circumvent a mandatory minimum sentencing law for some defendants, by prosecuting these defendants who were initially arrested for the crime targeted by the sentencing ...
متن کاملHealth-Related Quality of Life in Older Adults: Testing the Double Jeopardy Hypothesis
The double jeopardy hypothesis posits that racial minority elderly suffer a double disadvantage to health due to the interactive effects of age and race. Empirical examinations have found mixed support for the proposition that the aging process heightens the health disadvantage for racial minorities compared to whites. Race-byage differences are tested using a health-related quality of life mea...
متن کامل