Double jeopardy downs DUI cases: but appeals courts balk on license suspension issue

Article Abstract:

Use of the double-jeopardy defense in drunk-driving cases has established many victories but five straight losses in higher courts. The defense claims that administrative suspension of a driver's license constitutes punishment, and a later trial violates the constitutional protection against double jeopardy. Judges in 18 states have ruled for 1,000 defendants on those grounds, but no appellate courts have agreed. Opponents of the defense say license suspension is generally to protect the public, not to punish.

Laws, regulations and rules, Remedies, Drunk driving, Driving while intoxicated, Automobile drivers' licenses, Drivers' licenses

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Prisoner suits plentiful, but few do much time

Article Abstract:

Prisoners' lawsuits make up a significant portion of both federal civil filings and the district courts' backlog, but they consume relatively little judicial time. A rising population of prisoners with considerable time leads to deteriorating conditions and more complaints, but critics of the suits say they reflect prisoners' troublemaking and courts' meddling in state affairs. In all, federal consent decrees affect 39 states' prison systems, including the entire system in nine states.

Correctional Institutions, Courts, State Correctional Institutions, District Courts, Management

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Prisoners, defendants get 1-2 punch from the justices

Article Abstract:

The US Supreme Court imposed new limits on prisoners seeking to file suit in Lewis v. Casey. The court ruled that inmates had standing only when they could demonstrate a constitutional violation and that judicial remedies were limited to such a violation. In United States v. Ursery, the court reaffirmed that civil forfeiture by those who were also being prosecuted criminally did not constitute double jeopardy.

Forfeiture, Prisons, Imprisonment

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