Double Jeopardy Case Study

Submitted By dman6903
Words: 438
Pages: 2

1. Summarize the facts that led to the defendant’s claim that he was subjected to double jeopardy.
The double jeopardy claim can be supported by facts in the sense that Falkowsi had entered a plea which was unconditional in nature on November, 1992. The case on October, 1992 had stated that the government had taken action in the property seizure of the illegal marijuana plantation. The civil case was taken up at Fairbanks. Another criminal charge was made with possession of marijuana and lodged at Anchorage. So Falkowski was tried on the same case both times which made the case double jeopardy.
2. What was (were) the legal question(s) before the court?
The questions before the court were to identify the elements of the criminal offense and the claim that the plaintiff must prove the case. The elements which are stated in the indictment are criminal charges and those in the complaint are civil charges but the government must prove to prevail. The next question was what should be the minimal facts which the government must present to obtain forfeiture.
3. Based on what you read in this case, what is civil forfeiture?
Civil asset forfeiture means the confiscation of property by the government when it considers it a civil rather than a criminal case. Seizure occurs when the government takes property. Forfeiture means the legal title is transferred to the government. The perpetrator is the property rather than the person. Civil forfeiture is usually used for drug-law enforcement, but increasingly it is used for other laws, such as prostitution, shoplifting, or even legal activities.
1. What is the definition of law?

A law is the system of rules that a particular country or community recognizes as regulating the actions of its members and may