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Ewing v. California

5-4

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The Supreme Court's Conception on the Principle of Double Jeopardy

The Supreme Court has for many, many years rejected the idea that these types of punishments violate double jeopardy. The only reason it's not really being talked about is because if anyone started talking about whether repeat offenders can be punished more and whether that violates the Constitution, that would upend the aggressive carceral systems of every single state in this country. So substantively unaddressed here is that even putting aside the Eighth Amendment, there's probably a second constitutional violation here.

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