Laws310 Wk1 Homework

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Answer questions from p. 351 under “Case Analysis.” Case Analysis 1. Summarize the facts that led to the defendant’s claim that he was subjected to double jeopardy. Facts: October 14, defendant was arrested. On November 5, the United States sought entry of default in the civil forfeiture case. On November 13, defendant pleaded guilty to some of the criminal charges pursuant to a plea agreement. On December 2, the government made a second request to enter default in the civil forfeiture action. On December 14, the clerk entered default in the civil forfeiture proceeding. On February 2, the United States moved for a decree of forfeiture. On July 28, defendant was sentenced in the criminal case. Defendant appealed the criminal conviction, claiming that the civil forfeiture and criminal sentence constituted double jeopardy and because the sentence was the last to be imposed, the conviction must be set aside (Hames 348). Hames, Joanne B., Yvonne Ekern. Introduction to Law, 4th Edition. Pearson Learning Solutions, 07/2009. VitalBook file. The double jeopardy claim can be supported by facts that Falkowsi’ property, 1804 Caribou way, was forfeited on Feb. 10,1993 through a civil case that proceeded in Fairbanks for the cultivation and distribution of marijuana. Falkowski’ criminal case was brought to Anchorage and on July 28, 1993 and Falkowski was sentenced to identical concurrent 72 months prison sentence for cultivation and distribution of marijuana. So basically, Falkowsi’ civil case and criminal charges were from the same offense and a default judgment forfeiting his property preceded by a prison sentence adds up to multiple punishments for the same crime. 2. What was (were) the legal question(s) before the court? I believe the legal questions were the cultivation, distribution of marijuana, and forfeiture of a property acquired through drug

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