Double jeopardy law after Rodney King

Article Abstract:

The retrial of the defendant officers in the Rodney King beating case raises three related questions regarding the Double Jeopardy Clause of the Fifth Amendment. The retrial in federal court after acquittal in state court is supported by the dual sovereignty doctrine. The doctrine should be limited to certain offenses to remedy abuses at the state level. The assumption that state and federal offenses are necessarily different has implications under the Blockburger v. United States test. Jury selection problems call into question whether the state court acquittal of the police officers was a valid acquittal for double jeopardy purposes.

Cases, Demographic aspects, Due process of law, Jury selection, King, Rodney

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We the people(s), original understanding, and constitutional amendment

Article Abstract:

The framers of the Constitution did not intend for the people of the US to be able to amend the Constitution based on a simple majority, notwithstanding the phrase "We the people," and allowing unrestrained democracy would not be wise. Akhil R. Amar has asserted that a simple majority should be able to amend the Constitution. The Constitution was intended to constrain democratic power by adopting a representative form of government and installing protections for less populous states. Article V was intended to limit the capacity of the people to amend the Constitution.

Analysis, Federalism, Constitutional amendments

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Reconstructing the Bill of Rights: a reply to Amar and Marcus's triple play on double jeopardy

Article Abstract:

Akhil Reed Amar and Jonathan L. Marcus' proposal that the dual sovereignty doctrine be applied only in limited cases where state officials are involved is still inconsistent with the Double Jeopardy Clause and the Bill of Rights. The dual sovereignty doctrine allows prosecution of defendants by two sovereigns, federal and state, for the same offense. Amar and Marcus wish to overturn the doctrine but would make exceptions for federal prosecution of state actors charged with violating civil rights. Even these limited exceptions undermine double jeopardy principles.

Interpretation and construction, Constitutional law, Constitutional interpretation, Marcus, Jonathan L.

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