Ohio v. Johnson (nc): where D pleads guilty to lesser included offenses, the greater charges have to be dropped on DJ grounds
Ursery – forfeitures do NOT constitute punishment for purposes of DJ; so you can punish a D for a criminal offense and then forfeit property in a separate civil proceeding
Rule: civil penalty can cross the line …see if the civil sanction in application is so divorced from any remedial goal that it constitutes punishment, such as deterrent or retributive (Halper); the fine can’t be excessive …
Grady (skipped case) (overruled by Dixon) – police gives tickets for traffic accident and prevents P later on from pursuing more serious offense; held DJ bars subsequent prosecution if, to establish an essential element of an offense charged in that prosecution, the government will prove conduct that constitutes an offense for which the D has already been prosecuted.
Dixon (not on exam) – Grady analysis invalid; Blockberger is still good law
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