context: Although this precise issue has not heretofore been squarely addressed by our own Supreme Court, it has been raised in numerous other state and federal jurisdictions. A reading of these various cases reveals uniform acceptance of the proposition that prison disciplinary proceedings do not constitute a double jeopardy bar to subsequent criminal prosecution based on the same acts.
citation_a.signal: see
citation_a.parenthetical: wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities
citation_a.sentence: See State v. Kjeldahl, 278 N.W.2d 58 (Minn.1979) (wherein the Supreme Court of Minnesota, in accepting the above proposition, noted numerous other jurisdictions had, almost without exception, held that a federal or state charge for escape is not barred by the prior imposition of administrative discipline by prison authorities).
citation_b.signal: see also
citation_b.parenthetical: criminal prosecution for the crime of escape is not prohibited under the double jeopardy clause of the fifth amendment because a convict guilty thereof has upon his recapture been subjected to discipline by the prison authorities for the violation of prison discipline involved
citation_b.sentence: See also Patterson v. United States, 183 F.2d 327 (4th Cir.1950), cert. denied, 340 U.S. 893, 71 S.Ct. 200, 95 L.Ed. 647 (1951) (criminal prosecution for the crime of escape is not prohibited under the double jeopardy clause of the fifth amendment because a convict guilty thereof has upon his recapture been subjected to discipline by the prison authorities for the violation of prison discipline involved); United States v. Hedges, 458 F.2d 188 (10th Cir.1972) (administrative punishment does not render a subsequent judicial prosecution violative of the fifth amendment prohibition of double jeopardy); United States v. Newby, 11 F.3d 1143 (3d Cir.1993) (disciplinary sanctions imposed by prison authorities for infractions of prison regulations do not bar a subsequent criminal prosecution); Wild v. Commonwealth, 18, Va.App. 716, 446 S.E.2d 626 (1994) (administrative punishment imposed by prison officials does not render the subsequent judicial proceeding violative of the prohibition against double jeopardy).