Constitutional Law: Successive Municipal and State Prosecutions Found Permissible Despite Assumed Application of Double Jeopardy Clause

Authors

Abstract

Although founding its decision upon the present inapplicability of the double jeopardy clause to the states, the District Court for the Eastern District of Louisiana has determined that, even assuming such an imposition, successive municipal and state prosecutions remain constitutionally permissible. Based, however, upon an erroneous analogy to the justifications underlying successive state and federal prosecutions, the court's conclusion seems uncompelling. Moreover, the court failed to consider the significant question of whether such state and municipal prosecutions are consistent with the requirements of due process.

Citation

Constitutional Law: Successive Municipal and State Prosecutions Found Permissible Despite Assumed Application of Double Jeopardy Clause, 1968 Duke Law Journal 362-382 (1968)
Available at: https://scholarship.law.duke.edu/dlj/vol17/iss2/6