Does the Double Jeopardy Clause protect against the imposition of multiple criminal punishments for the same offense?

California, United States of America


The following excerpt is from People v. Braum, B289603, B289604 (Cal. App. 2020):

"The [Double Jeopardy] Clause protects only against the imposition of multiple criminal punishments for the same offense, [citations], and then only when such occurs in successive proceedings . . . . [] Whether a particular punishment is criminal or civil is, at least initially, a matter of statutory construction" and depends on: (1) "whether the legislature '. . . indicated, either expressly or impliedly a preference for one label or the other'" and (2) "'whether the statutory scheme was so punitive either in purpose or effect,' [citation], as to 'transform what was clearly intended as a civil remedy into a criminal penalty.'" (Hudson v. United States (1997) 522 U.S. 93, 99.)

3. Analysis

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