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United States Vs. Jackson
Cites for this judgment
- US Supreme Court
- Apr 08, 1968
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U.S. 570 (1968) U.S. Supreme Court United States v. JacksonSearch
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U.S. 570 (1968) United States v. JacksonSearch
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including a jury convened solely for that purpose after the court has accepted a guilty plea. Seadlund v. UnitedSearch
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States, 97 F.2d 742, 748. Accord, Robinson v. UnitedSearch
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they cannot be pursued by means that needlessly chill the exercise of basic constitutional rights. Cf. United States v. RobelSearch
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impose such a penalty in a manner that needlessly penalizes the assertion of a constitutional right. See Griffin v. CaliforniaSearch
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is true that a defendant has no constitutional right to insist that he be tried by a judge, rather than a jury, Singer v. UnitedSearch
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assumed that it must, for that court dismissed the kidnaping indictment. We disagree. As we said in Champlin Rfg. Co. v. CommissionSearch
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and that the unconstitutionality of that clause does not require the defeat of the law as a whole. See McDowell v. UnitedSearch
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States, 274 F.Supp. 426, 429. Cf. Spillers v. StateSearch
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judge has indicated that he would not feel bound by a jury recommendation of death in a kidnaping case, see Robinson v. UnitedSearch
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no penalty beyond imprisonment. He cannot convene another jury to recommend capital punishment. See United States v. DresslerSearch
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The complex problems presented by separate penalty proceedings have frequently been noted. See, e.g., Frady v. UnitedSearch
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State v. MountSearch
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N.J.195, 224, 152 A.2d 343, 358 (concurring opinion). See also People v. FriendSearch
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Cal.2d 749, 763, 306 P.2d 463, 471, n. 7. But see United States v. CurrySearch
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to them. United States v. CurrySearch
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established that due process forbids convicting a defendant on the basis of a coerced guilty plea. See, e.g., Herman. v. ClaudySearch
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See United States v. CurrySearch
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F.2d 904, 913-914 and n. 8. See also Andres v. UnitedSearch
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See McDowell v. UnitedSearch
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States, 274 F.Supp. 426, 431. See also Laboy v. NewSearch
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In an opinion by Justice Zenoff, Spillers v. StateSearch
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See Laboy v. NewSearch
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Jersey, 266 F.Supp. 581, 584. So, too, in Griffin v. CaliforniaSearch
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United States v. WillisSearch
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whatever relevance such an explicit clause might have in creating a presumption of severability, see Electric Bond Co. v. Comm'nSearch
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in which invalid statutory provisions had been severed despite the absence of any provision for severability. Pollock v. Farmers'Search
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Reagan v. Farmers'Search
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As this Court observed in Reagan v. Farmers'Search
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Robinson v. UnitedSearch
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Such considerations might have been influential in the omission of any death penalty provision in 1932, see Robinson v. UnitedSearch
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U.S. Supreme Court United States v. JacksonSearch
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Seadlund v. UnitedSearch
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Accord, Robinson v. UnitedSearch
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Cf. United States v. RobelSearch
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See Griffin v. CaliforniaSearch
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Singer v. UnitedSearch
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Champlin Rfg. Co. v. CommissionSearch
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Cf. Spillers v. StateSearch
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See United States v. DresslerSearch
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Frady v. UnitedSearch
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People v. FriendSearch
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Herman. v. ClaudySearch
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Andres v. UnitedSearch
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Laboy v. NewSearch
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