Difference between revisions of "Double Jeopardy"

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While civil penalties generally will not run afoul of the Double Jeopardy Clause, in rare circumstances a civil fine might be so extreme that it rises to the level of punitive in nature and thus is blocked by the Fifth Amendment. In ''United States v. Halper'', for example, the U.S. Supreme Court prohibited the federal government from seeking a $130,000 civil penalty against a man who previously had been sentenced to prison for the same offense of filing $585 worth of false Medicare claims.<ref>United States v. Halper, 490 U.S. 435 (1989), ''available at'' http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=490&invol=435.</ref> The Court concluded that the gross disparity between the civil fine imposed and society's economic loss reflected a punitive aim instead of merely a remedial one.  It is important to note however that in ''Halper'', the civil fine was being imposed by the government, and it is unlikely that a private party seeking additional damages in similar circumstances would raise any Double Jeopardy Clause issues.
 
While civil penalties generally will not run afoul of the Double Jeopardy Clause, in rare circumstances a civil fine might be so extreme that it rises to the level of punitive in nature and thus is blocked by the Fifth Amendment. In ''United States v. Halper'', for example, the U.S. Supreme Court prohibited the federal government from seeking a $130,000 civil penalty against a man who previously had been sentenced to prison for the same offense of filing $585 worth of false Medicare claims.<ref>United States v. Halper, 490 U.S. 435 (1989), ''available at'' http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=490&invol=435.</ref> The Court concluded that the gross disparity between the civil fine imposed and society's economic loss reflected a punitive aim instead of merely a remedial one.  It is important to note however that in ''Halper'', the civil fine was being imposed by the government, and it is unlikely that a private party seeking additional damages in similar circumstances would raise any Double Jeopardy Clause issues.
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== Examples of Double Jeopardy ==
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===Tanzania===
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Penal Code
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* 21. A person shall not be punished twice, either under the provisions of this Code or under the provisions of any other law, for the same offence.
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===Uganda===
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Penal Code
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* 18. Person not to be punished twice for same offence.
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**A person shall not be punished twice either under this Code or under any other law for the same offence.
  
 
= Notes =
 
= Notes =

Revision as of 12:48, 15 October 2010