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Baxstrom v. Herold

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1966 United States Supreme Court case
Baxstrom v. Herold
Supreme Court of the United States
Argued December 9, 1965
Decided February 23, 1966
Full case nameBaxstrom v. Herold, State Hospital Director
Citations383 U.S. 107 (more)86 S. Ct. 760; 15 L. Ed. 2d 620; 1966 U.S. LEXIS 2214
Holding
Civil commitment following a prison term does not constitute an unconstitutional double jeopardy.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Potter Stewart
Byron White · Abe Fortas
Case opinions
MajorityWarren, joined by Douglas, Clark, Harlan, Brennan, Stewart, White, Fortas
ConcurrenceBlack (in judgment)

Baxstrom v. Herold, 383 U.S. 107 (1966), was a case decided by the Supreme Court of the United States that held that civil commitment following a prison term does not run afoul of double jeopardy principles.

References

  1. Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, NY: 2004, p. 664

External links

United States Fifth Amendment criminal procedure case law
Grand Jury Clause
Double Jeopardy Clause
Meaning of "same offense"
After acquittal
After conviction
After mistrial
Multiple punishment
Dual sovereignty doctrine
Other
Self-Incrimination Clause


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