Blawg's Blog by Bill Gratsch

# re: 2 Criminal Defense Blawgs

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Pardon me for putting the following request in this blog. I am unable to find where the following concern and question fits.

My concern and question involves double jeopardy as it pertains to the Adam Walsh Act. Generally there are elements that must be satisfied in order for double jeopardy to be valid.

One of the elements involves punishment for the same crime or offense. With the application of retrospective laws to people who have long since done their time and have completed or is in the process of completing all requirements of a previous conviction whether the conviction resulted from a trial or plea.

In the application of the retrospective elements of the AWA to all current and former offenders, how would a good legal defense attorney go about proving that double jeopardy does exist and it is in violation of the United States Constitution, and/or a locality or state where the argument of double jeopardy has been brought forth as it relates to the Adam Walsh Act's retrospective elements. 3/30/2008 3:30 AM | Bennie Walton