This Recent Development first traces the evolution of the double jeopardy doctrine. The Recent Development then focuses on the recent sentence modification cases as well as the proposed revisions to the Federal Criminal Code. Finally, this Recent Development attempts to develop a coherent double jeopardy rationale and concludes that, under this proposed rationale, unilateral government appeal of sentences is unconstitutional.
Ronald P. O'Hanley, III,
Double Jeopardy and Prosecutorial Appeal of Sentences: Di Francesco, Bullington, and the Criminal Code Reform Act of 1981,
35 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol35/iss3/9