Smith's Criminal Case Compendium
Smith's Criminal Case Compendium
Table of Contents
Smith's Criminal Case Compendium
About
This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 – Present. Selected 4th Circuit cases also are included.
Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff.
Instructions
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Criminal Procedure > Sex Offenders > Satellite-Based Monitoring (SBM) > Constitutionality > Double Jeopardy
Relying on prior binding opinions, the court rejected the defendant’s argument that the trial court’s order directing the defendant to enroll in lifetime SBM violated ex post facto and double jeopardy. The court noted that prior opinions have held that the SBM program is a civil regulatory scheme which does not implicate either ex post facto or double jeopardy.
Following prior case law, the court rejected the defendant’s arguments that SBM violates prohibitions against ex post facto and double jeopardy.
Because SBM is civil in nature, its imposition does not violate a defendant’s right to be free from double jeopardy.