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So the prosecutors took advantage of an unusual provision in a 1970 law that allows the Government to appeal certain sentences. The Second Circuit Court of Appeals dismissed the appeal on the grounds that a review of the original sentence would violate the Constitution's prohibition against double jeopardy...

Author: /time Magazine | Title: Law: Toward More Uniform Sentences | 12/22/1980 | See Source »

It was just that rationale that prompted the Senate to include a sentence-appeal provision in its version of the proposed mammoth revision of the criminal code, which has been lumbering through Congress for 14 years. As drafted, the provision would permit either side in a federal case to appeal...

Author: /time Magazine | Title: Law: Toward More Uniform Sentences | 12/22/1980 | See Source »

With the more conservative cast of the new Congress, prospects for passage of the full revised code are bleak. Yet backers of the sentence-appeal provision remain hopeful. Now that the Supreme Court has removed the double-jeopardy objection to the provision, they believe they have enough support to have...

Author: /time Magazine | Title: Law: Toward More Uniform Sentences | 12/22/1980 | See Source »

Like the subject of Shakespeare's sonnet, Jimmy Carter sits, sometimes for three or four hours at a stretch, in his small private study off the Oval Office, listening to classical music and mulling over Government reports-and his future. He is making few domestic policy decisions in these...

Author: /time Magazine | Title: Nation: Challenge for the Lame Ducks | 12/15/1980 | See Source »

The Helms gambit, for instance--an amendment tacked onto a funding measure for the Departments of Justice and State--received approval in both Houses, but fell to a presidential veto. When President Carter vowed to reject the anti-busing provision if it reappeared on his desk, Helms and his allies...

Author: By Paul M. Barrett, | Title: Hill Conservatives Begin the Offensive | 12/11/1980 | See Source »

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