NOTE: CRIMINAL RICO AND DOUBLE JEOPARDY ANALYSIS IN THE WAKE OF GRADY v. CORBIN: IS THIS RICO'S ACHILLES' HEEL? Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1992 Cornell Law Review
Cornell Law Review

NOTE: CRIMINAL RICO AND DOUBLE JEOPARDY ANALYSIS IN THE WAKE OF GRADY v. CORBIN: IS THIS RICO'S ACHILLES' HEEL?

March, 1992

77 Cornell L. Rev. 687

Author

Ramona Lennea McGee +

Excerpt

Congress enacted Title IX of the Organized Crime Control Act ("RICO") 1 to curtail the extensive infiltration of organized crime into legitimate business. 2 RICO's broadly defined provisions enhance penalties 3 and create new substantive offenses 4 which augment a state's criminal prosecution resources. These substantive offenses are a unique feature of the statute because they punish an offender for engaging in a pattern of criminal activity, individual instances of which are already proscribed by state and federal penal laws. 5 Recent RICO prosecutions demonstrate a trend towards a liberal construction of the Act's provisions. 6 This development raises several important constitutional issues, particularly in the area of double jeopardy analysis.

The Double Jeopardy Clause dictates that no person will "be twice put in jeopardy of life or limb" for the same offense. 7 In Blockburger v. United States, 8 the Supreme Court abandoned the commonlaw "same evidence" rule 9 and established a constitutional standard termed the "same offense" test. This test requires courts to compare the statutory elements of each crime for which a defendant is prosecuted; if the statutory elements are identical, the defendant is being unconstitutionally prosecuted for the "same" offense. Recently, in Grady v. Corbin, 10 the Supreme Court significantly modified double jeopardy analysis by implementing a "conduct" test, which focuses on the acts underlying the criminal charge rather than the statutory elements of the offense. This conduct test gives defendants strong protection under the Double Jeopardy Clause. However, a literal application of Grady ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities