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Category > Law Posted 26 Mar 2018 My Price 10.00

Running head: Puerto Rico v. Sanchez Valle, 579 U

Can you please fix this paper, i didn't get a chance to format it correctly, due to my work schedule and being stressed out. remove the extras and any errors, introduction/conclusion..please thank you

Introduction

Puerto Rico v. Sanchez Valle, 579 U.S. ___ (June 9, 2016).

Facts of the case

The facts as per the Supreme Court judgment are, “Respondents Luis Sánchez Valle and Jaime Gómez Vázquez each sold a gun to an undercover police officer. Puerto Rican prosecutors indict­ed them for illegally selling firearms in violation of the Puerto Rico Arms Act of 2000. While those charges were pending, federal grand juries also indicted them, based on the same transactions, for viola­tions of analogous U. S. gun trafficking statutes. Both defendants pleaded guilty to the federal charges and moved to dismiss the pend­ing Commonwealth charges on double jeopardy grounds. The trial court in each case dismissed the charges, rejecting prosecutors’ ar­guments that Puerto Rico and the United States are separate sover­eigns for double jeopardy purposes and so could bring successive prosecutions against each defendant. The Puerto Rico Court of Ap­peals consolidated the cases and reversed. The Supreme Court of Puerto Rico granted review and held, in line with the trial court, that Puerto Rico’s gun sale prosecutions violated the Double Jeopardy .Clause. Held: The Double Jeopardy Clause bars Puerto Rico and the United States from successively prosecuting a single person for the same conduct under equivalent criminal laws. Pp. 5–18.”

What interested you about this case?

Double jeopardy issue

Double jeopardy is where a person (accuse) is subjected to the same offense twice and this usually leads to double punishment and the constitution prohibits this. The Fifth Amendment of United States provides, "No person shall … be subject for the same offence [sic] to be twice put in jeopardy of life or limb." This provides a clause which prohibits state as well as federal governments prosecuting people for the same crime. The double jeopardy clause actually bars both Puerto Rico and United States from prosecuting a single person for the same conduct under equivalent criminal laws, Rudstein, D. S. (2004).

While Puerto Rican prosecutors’ indicted respondents for illegally selling firearms in violation of the Puerto Rico Arms Act of 2000, federal grand juries also indicted them, based on the same transactions, for viola­tions of analogous U. S. gun trafficking statutes.

Both defendants pleaded guilty to the federal charges and moved to dismiss the pend­ing Commonwealth charges on double jeopardy grounds. The Supreme Court of Puerto Rico granted review and held, in line with the trial court, that Puerto Rico’s gun sale prosecutions violated the Double Jeopardy. The respondents finally got justice as actually required.

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Status NEW Posted 26 Mar 2018 02:03 PM My Price 10.00

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