Clear indication (or clear congressional intent)

Definition

The standard the Supreme Court has used in double jeopardy cases requiring that Congress must clearly signal its intent to authorize multiple punishments for the same offense before courts will impose them. This is sometimes described as a presumption that Congress does not intend cumulative punishments unless it says so.

Examples

• •Petitioner and the government argue that nothing in § 924(c) or § 924(j) provides the required clear indication that Congress wanted defendants to be punished under both statutes for a single fatal shooting.

Related Terms