Wading in the Sargasso Sea: The Double Jeopardy Clause, Non-Capital Sentencing Proceedings, and California's "Three Strikes" Law Collide in Monge v. California

Abstract

The Fifth Amendment to the United States Constitution reads, in part, "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb." This passage, known commonly as the Double Jeopardy Clause, has become infamous in legal circles, not merely for its ideals, but for the questions it creates concerning those ideals.

This Note is divided into six parts. Part II will analyze the historical background of the Double Jeopardy Clause and three-strikes statutes. Part III will examine the factual and procedural background of Monge. Part IV will discuss the majority and dissenting opinions of the Court. Part V will include an analysis of the Monge decision and a discussion of its future impact. Finally, Part VI will contain a brief conclusion.