Criminal procedure Criminal law in the Chase Court

double jeopardy

in ex parte lange (1873), court held double jeopardy violated imposition of fine , imprisonment under statute authorized either fine or imprisonment. since defendant had paid fine, court held lower court no longer alter sentence mere imprisonment.

ex post facto law

in gut v. minnesota (1869), court held retroactive change minnesota s criminal venue statute not unconstitutional ex post facto law.

incorporation

in pervear v. massachusetts (1866), court held eighth amendment s prohibition on cruel , unusual punishment did not apply state governments, and—in alternative, assuming did—a fine of $50 , 3 months hard labor not excessive punishment bootlegging. and, in twitchell v. pennsylvania (1868), court held criminal procedure provisions of fifth , sixth amendments did not apply state governments.

other

sufficiency of indictment

in united states v. cook (1872), court held that—where criminal statute both defines offense , exceptions—a criminal indictment must plead facts taking case out of exceptions if , if exception inseparable definition of offense. court held embezzlement statute @ issue contained no such exceptions, , crimes act of 1790 s statute of limitations not such exception.

special verdicts

in united states v. buzzo (1873), prosecution tax evasion, court held jury instructed deliver special verdict, element of intent must included within special verdict.

statutory venue

in united states v. arwo (1873), prosecution assault deadly weapon on high seas, court found statutory venue provision—providing venue in first judicial district defendant brought—was satisfied.