Sunday, November 3, 2013

United States v. Scott case brief

United States v. Scott case brief summary
437 U.S. 82 (1978)

CASE SYNOPSIS
Petitioner challenged a decision of the United States Court of Appeals for the Sixth Circuit, which held that it was barred from any further prosecution of respondent because of the Double Jeopardy Clause.

CASE FACTS
Respondent was charged in a three-count indictment with distribution of narcotics. Before and during the trial, respondent moved to dismiss two counts of the indictment on the ground that his defense had been prejudiced by pre-indictment delay. At the close of the evidence, the court granted respondent's motion. The court concluded that respondent had presented sufficient proof of prejudice with count one. The court submitted the third count to the jury, which returned a verdict of not guilty. Petitioner appealed the dismissal of the first two counts but the appellate court concluded that any further prosecution of respondent was barred by the Double Jeopardy Clause. Petitioner sought review by the Supreme Court only with regard to the dismissal of the first count.

DISCUSSION
  • The Supreme Court held that double jeopardy did not relieve respondent from the consequence of his voluntary choice. 
  • Because respondent avoided submission of the first count by persuading the court to dismiss it on a basis that did not depend on guilt or innocence, the Supreme Court held that respondent was not deprived of his right against double jeopardy by re-prosecution after the dismissal was overturned.

CONCLUSION
The court reversed the decision, which barred petitioner from any further prosecution of respondent because of the Double Jeopardy Clause. The court held that where respondent sought to have his trial terminated without submission to either a judge or jury as to his guilt or innocence, an appeal by petitioner from respondent's successful effort to do so was not barred by the Double Jeopardy Clause.



Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure

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