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Double Jeopardy Clause
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The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..."[1] The four essential protections included are prohibitions against, for the same offense:
retrial after an acquittal;
retrial after a conviction;
retrial after certain mistrials; and
multiple punishment
Jeopardy attaches in jury trial when the jury is empaneled and sworn in, in a bench trial when the court begins to hear evidence after the first witness is sworn in, or when a court accepts a defendant's plea unconditionally.[2] Jeopardy does not attach in a retrial of a conviction that was reversed on appeal on procedural grounds (as opposed to evidentiary insufficiency grounds), in a retrial for which "manifest necessity" has been shown following a mistrial, and in the seating of another grand jury if the prior one refuses to return an indictment.
Contents
[hide]
1 "Same offense"
2 "Twice put in jeopardy"
2.1 Retrial after acquittal
2.2 Grand juries and double jeopardy
2.3 Retrial after conviction
2.4 Retrial after mistrial
2.5 Multiple punishments
3 Incorporation
4 Dual sovereignty doctrine
4.1 "Petite" policy
5 References
6 External links
"Same offense"[edit]
In United States v. Felix 503 U.S. 378 (1992), the U.S. Supreme Court ruled: "a[n]...offense and a conspiracy to commit that offense are not the same offense for double jeopardy purposes."[3][4]
Sometimes the same conduct may violate different statutes. If all elements of a lesser offense are relied on to prove a greater offense, the two crimes are the "same offense" for double jeopardy purposes, and the doctrine will bar the second prosecution. In Blockburger v. United States, 284 U.S. 299 (1932), the Supreme Court held that "where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does not".[5] The test was applied in Brown v. Ohio, 432 U.S. 161 (1977), where the defendant had first been convicted of operating an automobile without the owner's consent, and later of stealing the same automobile. The Supreme Court concluded that the same evidence was necessary to prove both offenses, and that in effect there was only one offense. Therefore, it overturned the second conviction.
In other cases, the same conduct may constitute multiple offenses under the same statute, for instance where one robs many individuals at the same time. There is no explicit bar to separate prosecutions for different offenses arising under the same "criminal transaction", but it is not permissible for the prosecution to re-litigate facts already determined by a jury. In Ashe v. Swenson, 397 U.S. 436 (1970), the defendant was accused of robbing seven poker players during a game. John Ashe was first tried for, and acquitted of, robbing only one of the players; the defense did not contest that a robbery actually took place. The state then tried the defendant for robbing the second player; stronger identification evidence led to a conviction. The Supreme Court, however, overturned the conviction. It was held that in the first trial, since the defense had not presented any evidence that there was no robbery, the jury's acquittal had to be based on the conclusion that the defendant's alibi was valid. Since one jury had held that the defendant was not present at the crime scene, the State could not re-litigate the issue.
"Twice put in jeopardy"[edit]
Retrial after acquittal[edit]
Once acquitted, a defendant may not be retried for the same offense: "A verdict of acquittal, although not followed by any judgment, is a bar to a subsequent prosecution for the same offense."[6] Acquittal by directed verdict is also final and cannot be appealed by the prosecution.[7] An acquittal in a trial by judge (bench trial) is also generally not appealable by the prosecution.[8] A trial judge may normally enter an acquittal if he deems the evidence insufficient for conviction. If the judge makes this ruling before the jury reaches its verdict, the judge's determination is final. If, however, the judge overrules a conviction by the jury, the prosecution may appeal to have the conviction reinstated. Additionally, although a judge may overrule a guilty verdict by a jury, he or she does not have the same power to overrule a not guilty verdict.
More specifically, as stated in Ashe v. Swenson, 397 U.S. 436 (1970): "...when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit." Res judicata is a term of general application. Underneath that conceptual umbrella is the concept of collateral estoppel. As applied to double jeopardy, the court will use collateral estoppel as its basis for forming an opinion[citation needed].
Implied acquittals
If a defendant charged with murder in the first degree is convicted for murder in the second degree, and later the jury's conviction is overturned on procedural grounds, the defendant may be retried for second degree but not first degree murder; the jury, by convicting the defendant of second degree murder, is deemed to have implicitly acquitted them of first degree murder.
Non-final judgments
As double jeopardy applies only to charges that were the subject of an earlier final judgment, there are many situations in which it does not apply, despite the appearance of a retrial. For example, a second trial held after a mistrial does not violate the double jeopardy clause because a mistrial ends a trial prematurely without a judgment of guilty or not, as decided by the U.S. Supreme Court in United States v. Josef Perez (1824). Cases dismissed because of insufficient evidence may constitute a final judgment for these purposes, though many state and federal laws allow for substantially limited prosecutorial appeals from these orders. Also, a retrial after a conviction that has been set aside following the grant of a motion for new trial, that has been reversed on appeal, or that has been vacated in a collateral proceeding (such as habeas corpus) would not violate double jeopardy because the judgment in the first trial had been invalidated. In all of these cases, however, the previous trials do not entirely vanish. Testimony from them may be used in later retrials, such as to impeach contradictory testimony given at any subsequent proceeding.
Prosecutors may appeal when a trial judge sets aside a jury verdict for conviction with a judgment notwithstanding verdict for the defendant. A successful appeal by the prosecution would simply reinstate the jury verdict and so would not place the defendant at risk of another trial.
Reversal for procedural error
If a defendant appeals a conviction and is successful in having it overturned, they are subject to retrial.
Insufficiency
Retrial is not possible if the verdict is overturned on the grounds of evidentiary insufficiency, rather than on the grounds of procedural faults. As noted above, if the trial court made a determination of evidentiary insufficiency, the determination would constitute a final acquittal; in Burks v. United States 437 U.S. 1, (1978), the Court held that "it should make no difference that the reviewing court, rather than the trial court, determined the evidence to be insufficient."[9]
Fraud
If the earlier trial is a fraud, double jeopardy will not prohibit a new trial because the party acquitted has prevented themselves from being placed into "jeopardy" to begin with.[10]
Grand juries and double jeopardy[edit]
The Double Jeopardy Clause of the Fifth Amendment does not attach in a grand jury proceeding, or bar a grand jury from returning an indictment when a prior grand jury has refused to do so.[11]
Retrial after conviction[edit]
A person who is convicted of one set of charges cannot in general be tried on additional charges related to the crime unless said additional charges cover new facts against which the person in question has not yet been acquitted or convicted. The test that determines whether this can occur is the Blockburger test.
An example of this are the charges of "conspiring to commit murder" and "murder". Both charges typically have facts distinct from each other. A person can be charged with "conspiring to commit murder" even if the murder never actually takes place if all facts necessary to support the charge can be demonstrated through evidence. Further, a person convicted or acquitted of murder can, additionally, be tried on conspiracy as well if it has been determined after the conviction or acquittal that a conspiracy did, in fact, take place.
Retrial after mistrial[edit]
Mistrials are generally not covered by the double jeopardy clause. If a judge dismisses the case or concludes the trial without deciding the facts in the defendant's favor (for example, by dismissing the case on procedural grounds), the case is a mistrial and may normally be retried. Furthermore, if a jury cannot reach a verdict, the judge may declare a mistrial and order a retrial as was addressed in United States v. Josef Perez, 22 U.S. 579 (1824). When the defendant moves for a mistrial, there is no bar to retrial, even if the prosecutor or judge caused the error that forms the basis of the motion. An exception exists, however, where the prosecutor or judge has acted in bad faith. In Oregon v. Kennedy, 456 U.S. 667 (1982), the Supreme Court held that "only where the governmental conduct in question is intended to 'goad' the defendant into moving for a mistrial may a defendant raise the bar of double jeopardy to a second trial after having succeeded in aborting the first on his own motion."
Multiple punishments[edit]
The defendant may not be punished twice for the same offense. In certain circumstances, however, a sentence may be increased. It has been held that sentences do not have the same "finality" as acquittals, and may therefore be reviewed by the courts.[citation needed]
The prosecution may not seek capital punishment in the retrial if the jury did not impose it in the original trial. The reason for this exception is that before imposing the death penalty the jury has to make several factual determinations and if the jury does not make these it is seen as the equivalent of an acquittal of a more serious offense.
In Arizona v. Rumsey, 467 U.S. 203 (1984), a judge had held a separate hearing after the jury trial to decide if the sentence should be death or life imprisonment, in which he decided that the circumstances of the case did not permit death to be imposed. On appeal, the judge's ruling was found to be erroneous. However, even though the decision to impose life instead of death was based on an erroneous interpretation of the law by the judge, the conclusion of life imprisonment in the original case constituted an acquittal of the death penalty and thus death could not be imposed upon a subsequent trial. Even though the acquittal of the death penalty was erroneous in that case, the acquittal must stand.
Double jeopardy also does not apply if the later charge is civil rather than criminal in nature, which involves a different legal standard (crimes must be proven beyond a reasonable doubt, whereas civil wrongs need only be proven by preponderance of evidence or in some matters, clear and convincing evidence). Acquittal in a criminal case does not prevent the defendant from being the defendant in a civil suit relating to the same incident (though res judicata operates within the civil court system). For example, O. J. Simpson was acquitted of a double homicide in a California criminal prosecution, but lost a civil wrongful death claim brought over the same victims.[12]
If the defendant happened to be on parole from an earlier offense at the time, the act for which he or she was acquitted may also be the subject of a parole violation hearing, which is not considered to be a criminal trial. Since parolees are usually subject to restrictions not imposed on other citizens, evidence of actions that were not deemed to be criminal by the court may be re-considered by the parole board. This legal board could deem the same evidence to be proof of a parole violation. Most states' parole boards have looser rules of evidence than is found in the courts – for example, hearsay that had been disallowed in court might be considered by a parole board. Finally, like civil trials parole violation hearings are also subject to a lower standard of proof so it is possible for a parolee to be punished by the parole board for criminal actions that he or she was acquitted of in court.
In the American military, courts-martial are subject to the same law of double jeopardy, since the Uniform Code of Military Justice has incorporated all of the protections of the U.S. Constitution. The non-criminal proceeding non-judicial punishment (or NJP) is considered to be akin to a civil case and is subject to lower standards than a court-martial, which is the same as a civilian court of law. NJP proceedings are commonly used to correct or punish minor breaches of military discipline. If a NJP proceeding fails to produce conclusive evidence, however, the commanding officer (or ranking official presiding over the NJP) is not allowed to prepare the same charge against the military member in question. In a court-martial, acquittal of the defendant means he is protected permanently from having those charges reinstated.
The most famous American court case invoking the claim of double jeopardy is probably the second murder trial in 1876 of Jack McCall, killer of Wild Bill Hickok. McCall was acquitted in his first trial, which Federal authorities later ruled to be illegal because it took place in an illegal town, Deadwood, then located in South Dakota Indian Territory. At the time, Federal law prohibited all except Native Americans from settling in the Indian Territory. McCall was retried in Federal Indian Territorial court, convicted, and hanged in 1877. He was the first person ever executed by Federal authorities in the Dakota Territory.
Double jeopardy also does not apply if the defendant were never tried from the start. Charges that were dropped or put on hold for any reason can always be reinstated in the future—if not barred by some statute of limitations.
Incorporation[edit]
Although the Fifth Amendment initially applied only to the federal government, the U.S. Supreme Court has ruled that the double jeopardy clause applies to the states as well through incorporation by the Fourteenth Amendment (Benton v. Maryland).
Dual sovereignty doctrine[edit]
The government of the United States and of each State therein may each enact their own laws and prosecute crimes pursuant thereto, provided there is no prohibition by the Constitution of the United States or of the state in question. Such is known as the "dual sovereignty" or "separate sovereigns" doctrine.
The earliest case at the Supreme Court of the United States to address the matter is Fox v. State of Ohio[13] in 1847, in which the petitioner, Malinda Fox, was appealing a conviction of a state crime of passing a counterfeit silver dollar. The power to coin money is granted exclusively to Congress, and it was argued that Congress's power precludes the power of any State from prosecuting any crimes pertaining to the money, an argument the Supreme Court rejected in upholding Fox's conviction.
A case that followed on Fox is United States v. Cruikshank,[14] in which the Supreme Court stated that the government of the United States is a separate sovereign from any State:
This does not, however, necessarily imply that the two governments possess powers in common, or bring them into conflict with each other. It is the natural consequence of a citizenship which owes allegiance to two sovereignties, and claims protection from both. The citizen cannot complain, because he has voluntarily submitted himself to such a form of government. He owes allegiance to the two departments, so to speak, and within their respective spheres must pay the penalties which each exacts for disobedience to its laws. In return, he can demand protection from each within its own jurisdiction.
In 1920 the United States was fresh in to the Prohibition Era. In one prosecution that occurred in Washington state, a defendant named Lanza was charged under a Washington statute and simultaneously under a United States statute, with the federal indictment stating several facts also stated in the Washington indictment. The Supreme Court addressed the question of the Federal government and a State government having separate prosecutions on the same facts in United States v. Lanza:[15]
We have here two sovereignties, deriving power from different sources, capable of dealing with the same subject matter within the same territory. Each may, without interference by the other, enact laws to secure prohibition, with the limitation that no legislation can give validity to acts prohibited by the amendment. Each government in determining what shall be an offense against its peace and dignity is exercising its own sovereignty, not that of the other.
It follows that an act denounced as a crime by both national and state sovereignties is an offense against the peace and dignity of both and may be punished by each. The Fifth Amendment, like all the other guaranties in the first eight amendments, applies only to proceedings by the federal government (Barron v. City of Baltimore, 7 Pet. 243), and the double jeopardy therein forbidden is a second prosecution under authority of the federal government after a first trial for the same offense under the same authority.
There may also be Federal laws that call other facts into question beyond the scope of any State law. A state may try a defendant for murder, after which the Federal government might try the same defendant for a Federal crime (perhaps a civil rights violation or a kidnapping) connected to the same act. The officers of the Los Angeles Police Department who were charged with assaulting Rodney King in 1991 were acquitted by a jury of the Superior Court, but some were later convicted and sentenced in Federal court for violating King's civil rights. Similar legal processes were used for prosecuting racially motivated crimes in the Southern United States in the 1960s during the time of the Civil Rights Movement, when those crimes had not been actively prosecuted, or had resulted in acquittals by juries that were thought to be racist or overly sympathetic with the accused in local courts.
Federal jurisdiction may apply because the defendant is a member of the armed forces or the victim(s) are armed forces members or dependents. U.S. Army Master Sergeant Timothy B. Hennis was acquitted in state court in North Carolina for the murders in 1985 of Kathryn Eastburn (age 31) and her daughters Kara, age five, and Erin, age three, who were stabbed to death in their home near Fort Bragg, North Carolina.[16] Two decades later, Hennis was recalled to active duty, court-martialed by the Army for the crime, and convicted.[17] Richard Dieter, executive director of the Death Penalty Information Center, observed of this case, "Certainly, no one [in the US] has been exonerated and then returned to death row for the same crime except Hennis."[18]
Furthermore, as ruled in Heath v. Alabama (1985), the "separate sovereigns" rule allows two states to prosecute for the same criminal act. For example, if a man stood in New York and shot and killed a man standing over the border in Connecticut, both New York and Connecticut could charge the shooter with murder.[19]
Only the states and tribal jurisdictions[20] are recognized as possessing a separate sovereignty, whereas territories of the United States[21], the military and naval forces, and the capital city of Washington, D.C., are exclusively under Federal sovereignty. Acquittal in the court system of any of these entities would therefore preclude a re-trial (or a court-martial) in any court system under Federal jurisdiction.
"Petite" policy[edit]
Though the Supreme Court of the United States has recognized the dual sovereignty doctrine as an exception to double jeopardy, the United States will not exercise its dual sovereignty power on everyone who becomes subject to it. As a self-imposed limitation on its dual sovereignty power, the United States Department of Justice has a policy called the "Petite" policy, named after Petite v. United States, 361 U.S. 529 (1960). The formal name of the policy is "Dual and Successive Prosecution Policy" [22] and it "establishes guidelines for the exercise of discretion by appropriate officers of the Department of Justice in determining whether to bring a federal prosecution based on substantially the same act(s) or transactions involved in a prior state or federal proceeding."
Under this policy, the Department of Justice presumes that any prosecution at the State level for any fact applicable to any Federal charge vindicates any Federal interest in those facts, even if the outcome is an acquittal. As an example, a person who commits murder within the jurisdiction of a State is subject to that State's murder statute and the United States murder statute (18 U.S.C. § 1111). The Federal government will defer to the State to prosecute under their statute. Whatever the outcome of the trial, acquittal or conviction, the Department of Justice will presume that prosecution to vindicate any Federal interest and will not initiate prosecution under the United States Code.
However that presumption can be overcome. The policy stipulates five criteria that may overcome that presumption (particularly for an acquital at the State level):
incompetence, corruption, intimidation, or undue influence
court or jury nullification in clear disregard of the evidence or the law
the unavailability of significant evidence, either because it was not timely discovered or known by the prosecution, or because it was kept from the trier of fact’s consideration because of an erroneous interpretation of the law
the failure in a prior state prosecution to prove an element of a state offense that is not an element of the contemplated federal offense
the exclusion of charges in a prior federal prosecution out of concern for fairness to other defendants, or for significant resource considerations that favored separate federal prosecutions
The presumption may be overcome even when a conviction was achieved in the prior prosecution in the following circumstances:
If the prior sentence was manifestly inadequate in light of the federal interest involved and a substantially enhanced sentence—including forfeiture and restitution as well as imprisonment and fines—is available through the contemplated federal prosecution, or
If the choice of charges, or the determination of guilt, or the severity of sentence in the prior prosecution was affected by the sorts of factors listed in the previous list. An example might be a case in which the charges in the initial prosecution trivialized the seriousness of the contemplated federal offense, for example, a state prosecution for assault and battery in a case involving the murder of a federal official.
The presumption also may be overcome, irrespective of the result in a prior state prosecution, in those rare cases where the following three conditions are met:
The alleged violation involves a compelling federal interest, particularly one implicating an enduring national priority.
The alleged violation involves egregious conduct, including that which threatens or causes loss of life, severe economic or physical harm, or the impairment of the functioning of an agency of the federal government or the due administration of justice, and
The result in the prior prosecution was manifestly inadequate in light of the federal interest involved.
The existence of any of these criteria is to be determined by an Assistant Attorney General of the United States. If a prosecution is determined to have proceeded without authorization, the Federal government may and has requested the Court vacate an indictment. Such a move is in line with the Courts vacating indictments wherein prosecutions were discovered to have violated Department of Justice policy. Indictments have also been vacated when the Federal government first represents to the Court the prosecution was authorized but later determines that authorization to have been mistaken.[23]
References[edit]
Jump up ^ Harper, Timothy (October 2, 2007). The Complete Idiot's Guide to the U.S. Constitution. Penguin Group. p. 109. ISBN 978-1-59257-627-2. However, the Fifth Amendment contains several other important provision s for protecting your rights. It is the source of the double jeopardy doctrine, which prevents authorities from trying a person twice for the same crime…
Jump up ^ Serfass v. United States, 420 U.S. 377, 388 (1975)
Jump up ^ Donofrio, Anthony J. (1993). "The Double Jeopardy Clause of the Fifth Amendment: The Supreme Court's Cursory Treatment of Underlying Conduct in Successive Prosecutions". Journal of Criminal Law and Criminology. 83 (4): 773–803. doi:10.2307/1143871. JSTOR 1143871.
Jump up ^ Shindala, C. (1992). "Where Conspiracy To Commit a Crime Is Based on Previously Prosecuted Overt Acts, No Double Jeopardy Violation Exists". Mississippi Law Journal. 62 (1): 229–243. ISSN 0026-6280.
Jump up ^ Blockburger, at 304
Jump up ^ Ball v. United States, 163 U.S. 662 at 642 (1896)
Jump up ^ Fong Foo v. United States, 369 U.S. 141 (1962)
Jump up ^ United States v. Jenkins, 420 U.S. 358 (1975)
Jump up ^ Burks, at 11
Jump up ^ Harry Aleman v. Judges of Circuit Court, Cook County, 138 F.3d 302 (7th Cir. 1998)
Jump up ^ United States v. Williams, 504 U.S. 36, 49 (1992)[non-primary source needed]
Jump up ^ Thomas, George Conner (1998). Double Jeopardy: The History, the Law. New York University Press. p. 31. ISBN 9780814782330. OCLC 246124973.
Jump up ^ Fox v. State of Ohio, 46 U.S. (5 How) 410 (1847)
Jump up ^ United States v. Cruikshank, 92 U.S. 542 (1875)
Jump up ^ United States v. Lanza, 260 U.S. 377 (1922)
Jump up ^ Innocent Victims (Onyx True Crime, Je 357) by Scott Whisnant
Jump up ^ Paparella, Andrew. (2010-04-08) At 3rd Trial, Master Sgt. Timothy Hennis Guilty of 1985 Triple Murder – ABC News. Abcnews.go.com. Retrieved on 2012-01-02.
Jump up ^ Schmidle, Nicholas (14 November 2011). "Three Trials for Murder". The New Yorker. Condé Nast: 56–67. Retrieved 3 December 2011.
Jump up ^ United States v. Claiborne, 92 F.Supp.2d 503 (E.D.Va.); tandem state-federal prosecutions not prohibited under "sovereign rule"
Jump up ^ United States v. Wheeler, 435 U. S. 313 (1978), supreme.justia.com.
Jump up ^ Puerto Rico v. Sánchez Valle
Jump up ^ USAM § 9-2.031
Jump up ^ Thompson v. United States, 444 U.S. 248 (1980)
External links[edit]
Adler, Adam J. "Dual Sovereignty, Due Process, and Duplicative Punishment: A New Solution to an Old Problem" (Archive). The Yale Law Journal. Volume 124 (2014-2015), No. 2 (November 2014), p. 248-575.
Colangelo, Anthony J. "DOUBLE JEOPARDY AND MULTIPLE SOVEREIGNS: A JURISDICTIONAL THEORY " (Archive). Washington University Law Review. 2009, Volume 86, Issue 4, p. 769-857.
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Double Jeopardy Clause
After acquittal
United States v. Randenbush (1834)
Ball v. United States (1896)
Burton v. United States (1906)
Helvering v. Mitchell (1938)
Green v. United States (1957)
Fong Foo v. United States (1962)
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Serfass v. United States (1975)
United States v. Martin Linen Supply Co. (1977)
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Crist v. Bretz (1978)
Sanabria v. United States (1978)
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Bullington v. Missouri (1981)
Tibbs v. Florida (1982)
Arizona v. Rumsey (1984)
Poland v. Arizona (1986)
Witte v. United States (1995)
Sattazahn v. Pennsylvania (2003)
Smith v. Massachusetts (2005)
Yeager v. United States (2009)
After conviction
United States v. La Franca (1931)
United States ex rel. Marcus v. Hess (1943)
Rex Trailer Co. v. United States (1956)
United States v. Wilson (1975)
Ludwig v. Massachusetts (1976)
Brown v. Ohio (1977)
Harris v. Oklahoma (1977)
Garrett v. United States (1985)
United States v. Halper (1989)
Grady v. Corbin (1990)
United States v. Felix (1992)
United States v. Dixon (1993)
Department of Revenue of Montana v. Kurth Ranch (1994)
After mistrial
United States v. Perez (1824)
United States v. Dinitz (1976)
Arizona v. Washington (1978)
Oregon v. Kennedy (1982)
Renico v. Lett (2010)
Blueford v. Arkansas (2012)
Multiple punishment
Ex parte Lange (1873)
Blockburger v. United States (1932)
Whalen v. United States (1980)
Missouri v. Hunter (1983)
Rutledge v. United States (1996)
Dual sovereignty doctrine
Bartkus v. Illinois (1959)
Waller v. Florida (1970)
Heath v. Alabama (1985)
United States v. Lara (2004)
Puerto Rico v. Sanchez Valle (2016)
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London Eye
From Wikipedia, the free encyclopedia
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London Eye
London Eye
Wikimedia | © OpenStreetMap
Alternative names
Millennium Wheel
General information
Status
Complete
Type
Ferris wheel
Location
Lambeth, London
Address
Riverside Building, County Hall, Westminster Bridge Road
Country
United Kingdom
Coordinates
51°30′12″N 0°07′10″W / 51.5033°N 0.1194°W / 51.5033; -0.1194Coordinates: 51°30′12″N 0°07′10″W / 51.5033°N 0.1194°W / 51.5033; -0.1194
Completed
March 2000[1]
Opened
31 December 1999 (ceremonial, without passengers)[2]
1 February 2000 (first passengers carried)[citation needed]
9 March 2000 (opened to general public)[2]
Cost
£70 million[3]
Owner
Merlin Entertainments
Height
135 metres (443 ft)[4]
Dimensions
Diameter
120 metres (394 ft)[4]
Design and construction
Architect
Frank Anatole
Nic Bailey
Julia Barfield
Steve Chilton
Malcolm Cook
David Marks
Mark Sparrowhawk
[5]
Architecture firm
Marks Barfield[6]
Structural engineer
Arup[7]
Other designers
Babtie Allott & Lomax (checking engineer)[8]
Tony Gee (foundations)[9]
Awards and prizes
Institution of Structural Engineers Special Award 2001
Website
www.londoneye.com
The London Eye is a giant Ferris wheel on the South Bank of the River Thames in London. It is Europe's tallest Ferris wheel,[10] is the most popular paid tourist attraction in the United Kingdom with over 3.75 million visitors annually,[11] and has made many appearances in popular culture.
The structure is 135 metres (443 ft) tall and the wheel has a diameter of 120 metres (394 ft). When it opened to the public in 2000 it was the world's tallest Ferris wheel. Its height was surpassed by the 525-foot (160 m) Star of Nanchang in 2006, the 165 metres (541 ft) Singapore Flyer in 2008, and the 550-foot tall (167.6 m) High Roller (Las Vegas) in 2014. Supported by an A-frame on one side only, unlike the taller Nanchang and Singapore wheels, the Eye is described by its operators as "the world's tallest cantilevered observation wheel".[12]
The London Eye offered the highest public viewing point in London[13] until it was superseded by the 245 metres (804 ft) high[14] observation deck on the 72nd floor of The Shard, which opened to the public on 1 February 2013.[15]
The London Eye adjoins the western end of Jubilee Gardens (previously the site of the former Dome of Discovery), on the South Bank of the River Thames between Westminster Bridge and Hungerford Bridge beside County Hall, in the London Borough of Lambeth.
Contents
1 History
1.1 Predecessor
1.2 Design and construction
1.3 Opening
2 Passenger capsules
3 Ownership and branding
4 Financial difficulties
5 Critical reception
6 Transport links
7 References
8 External links
History[edit]
Predecessor[edit]
Main article: Great Wheel
A predecessor to the London Eye, the Great Wheel, was built for the Empire of India Exhibition at Earls Court and opened to the public on 17 July 1895.[16] Modelled on the original Chicago Ferris Wheel, it was 94 metres (308 ft) tall[17] and 82.3 metres (270 ft) in diameter.[18][19][20] It stayed in service until 1906, by which time its 40 cars (each with a capacity of 40 persons) had carried over 2.5 million passengers. The Great Wheel was demolished in 1907[21] following its last use at the Imperial Austrian Exhibition.[22]
Design and construction[edit]
Supported by an A-frame on one side only, the Eye is described by its operators as a cantilevered observation wheel
The London Eye was designed by the husband-and-wife team of Julia Barfield and David Marks of Marks Barfield Architects.[23][24]
Mace was responsible for construction management, with Hollandia as the main steelwork contractor and Tilbury Douglas as the civil contractor. Consulting engineers Tony Gee & Partners designed the foundation works while Beckett Rankine designed the marine works.[25]
Nathaniel Lichfield and Partners assisted The Tussauds Group in obtaining planning and listed building consent to alter the wall on the South Bank of the Thames. They also examined and reported on the implications of a Section 106 agreement attached to the original contract, and also prepared planning and listed building consent applications for the permanent retention of the attraction, which involved the co-ordination of an Environmental Statement and the production of a planning supporting statement detailing the reasons for its retention.[26]
The spindle, hub, and tensioned cables that support the rim
The rim of the Eye is supported by tensioned steel cables[27] and resembles a huge spoked bicycle wheel. The lighting was redone with LED lighting from Color Kinetics in December 2006 to allow digital control of the lights as opposed to the manual replacement of gels over fluorescent tubes.[28]
The wheel was constructed in sections which were floated up the Thames on barges and assembled lying flat on piled platforms in the river. Once the wheel was complete it was lifted into an upright position by a strand jack system made by Enerpac.[29] It was first raised at 2 degrees per hour until it reached 65 degrees, then left in that position for a week while engineers prepared for the second phase of the lift. The project was European with major components coming from six countries: the steel was supplied from the UK and fabricated in The Netherlands by the Dutch company Hollandia, the cables came from Italy, the bearings came from Germany (FAG/Schaeffler Group), the spindle and hub were cast in the Czech Republic, the capsules were made by Poma in France (and the glass for these came from Italy), and the electrical components from the UK.[30]
Opening[edit]
The London Eye was formally opened by then Prime Minister Tony Blair on 31 December 1999, but did not open to the paying public until 9 March 2000 because of a capsule clutch problem.[2]
On 5 June 2008 it was announced that 30 million people had ridden the London Eye since it opened.[31]
Passenger capsules[edit]
Each of the 32 ovoidal capsules weighs 10 tonnes and can carry 25 people
The wheel's 32 sealed and air-conditioned ovoidal passenger capsules, designed[32] and supplied[33] by Poma, are attached to the external circumference of the wheel and rotated by electric motors. Each of the 10-tonne (11-short-ton)[34] capsules represents one of the London Boroughs,[27] and holds up to 25 people,[35] who are free to walk around inside the capsule, though seating is provided. The wheel rotates at 26 cm (10 in) per second (about 0.9 kph or 0.6 mph) so that one revolution takes about 30 minutes. It does not usually stop to take on passengers; the rotation rate is slow enough to allow passengers to walk on and off the moving capsules at ground level.[34] It is, however, stopped to allow disabled or elderly passengers time to embark and disembark safely.[36]
In 2009 the first stage of a £12.5 million capsule upgrade began. Each capsule was taken down and floated down the river to Tilbury Docks in Essex.[37]
On 2 June 2013 a passenger capsule was named the Coronation Capsule to mark the sixtieth anniversary of the coronation of Queen Elizabeth II.[38]
Ownership and branding[edit]
London Eye at twilight
The Eye on the South Bank of the Thames, with Jubilee Gardens (left) and County Hall (right) in the background
Marks Barfield (the lead architects), The Tussauds Group, and British Airways were the original owners of the London Eye.[39] Tussauds bought out British Airways in 2005[39] and then Marks Barfield in 2006[40] to become sole owner.
In May 2007, the Blackstone Group purchased The Tussauds Group which was then the owner of the Eye; Tussauds was merged with Blackstone's Merlin Entertainments and disappeared as an entity.[41][42] British Airways continued its brand association, but from the beginning of 2008 the name British Airways was dropped from the logo.[43]
On 12 August 2009, the London Eye saw another rebrand, this time being called "The Merlin Entertainments London Eye" to showcase Merlin Entertainments' ownership. A new logo was designed for the attraction—this time taking the form of an eye made out of London's famous landmarks. This coincided with the launch of Merlin Entertainments 4D Experience preflight show underneath the ticket centre in County Hall. The refurbished ticket hall and 4D cinema experience were designed by architect Kay Elliott working with Merlin Studios project designer Craig Sciba. Merlin Studios later appointed Simex-Iwerks as the 4D theatre hardware specialists. The film was written and directed by 3D director Julian Napier and 3D produced by Phil Streather.[44]
In January 2011, a lighting-up ceremony marked the start of a three-year deal between EDF Energy and Merlin Entertainments.[45] On 1 August 2014 the logo was reverted to the previous "The Merlin Entertainments London Eye" version, with the name becoming simply "The London Eye".[citation needed]
In September 2014, Coca-Cola signed an agreement to sponsor the London Eye for two years, starting from January 2015. On the day of the announcement, the London Eye was lit in red.[46]
Financial difficulties[edit]
Colourful London Eye near County Hall
On 20 May 2005, there were reports of a leaked letter showing that the South Bank Centre (SBC)—owners of part of the land on which the struts of the Eye are located—had served a notice to quit on the attraction along with a demand for an increase in rent from £64,000 per year to £2.5 million, which the operators rejected as unaffordable.[47]
On 25 May 2005, London mayor Ken Livingstone vowed that the landmark would remain in London. He also pledged that if the dispute was not resolved he would use his powers to ask the London Development Agency to issue a compulsory purchase order.[48] The land in question is a small part of the Jubilee Gardens, which was given to the SBC for £1 when the Greater London Council was broken up.
The South Bank Centre and the British Airways London Eye agreed on a 25-year lease on 8 February 2006 after a judicial review over the rent dispute. The lease agreement meant that the South Bank Centre, a publicly funded charity, would receive at least £500,000 a year from the attraction, the status of which is secured for the foreseeable future. Tussauds also announced the acquisition of the entire one-third interests of British Airways and Marks Barfield in the Eye as well as the outstanding debt to BA. These agreements gave Tussauds 100% ownership and resolved the debt from the Eye's construction loan from British Airways, which stood at more than £150 million by mid-2005 and had been increasing at 25% per annum.[49]
Critical reception[edit]
Sir Richard Rogers, winner of the 2007 Pritzker Architecture Prize, wrote of the London Eye in a book about the project:
The Eye has done for London what the Eiffel Tower did for Paris, which is to give it a symbol and to let people climb above the city and look back down on it. Not just specialists or rich people, but everybody. That's the beauty of it: it is public and accessible, and it is in a great position at the heart of London.[50]
Transport links[edit]
The nearest London Underground station is Waterloo, although Charing Cross, Embankment, and Westminster are also within easy walking distance.[51]
Connection with National Rail services is made at London Waterloo station and London Waterloo East station.
London River Services operated by Thames Clippers and City Cruises stop at the London Eye Pier.
References[edit]
Jump up ^ "London Eye - Marks Barfield". marksbarfield.com.
^ Jump up to: a b c "London's big wheel birthday". CNN.com. 8 March 2001.
Jump up ^ Reece, Damian (6 May 2001). "London Eye is turning at a loss". The Daily Telegraph.
^ Jump up to: a b "Structurae London Eye Millennium Wheel". web page. Nicolas Janberg ICS. 2011. Retrieved 5 December 2011.
Jump up ^ "The London Eye". UK Attractions.com. 31 December 1999. Retrieved 7 January 2010.
Jump up ^ "About the London Eye". Archived from the original on 11 July 2012.
Jump up ^ "How big can Ferris wheels get?". Thoughts.arup.com. 23 September 2013. Retrieved 21 May 2014.
Jump up ^ Taylor, David (1 March 2001). "ISE rewards the biggest and best". The Architects' Journal.
Jump up ^ "London Eye, UK".
Jump up ^ Royal Mail Celebrates 10 Years of the London Eye Archived 3 December 2013 at the Wayback Machine.
Jump up ^ "The London Eye a complete visitor guide". The Daily Telegraph. Retrieved 1 May 2014.
Jump up ^ "Merlin Entertainments Group".
Jump up ^ "Up you come, the view's amazing... first look from the Shard's public gallery". London Evening Standard. Retrieved 31 December 2014
Jump up ^ Shard observation deck to be Europe's highest
Jump up ^ "Shard rakes in £5million from visitors to viewing platform in first year". London Evening Standard. 21 March 2014.
Jump up ^ "The Ferris Wheel's London Rival". The New York Times. 21 July 1895.
Jump up ^ "Spot the difference: London landmarks, then and now". standard.co.uk.
Jump up ^ Anderson Norman. Ferris Wheels:An illustrated history. p. 97. ISBN 087972532X.
Jump up ^ Richard Weingardt. Circles in the Sky: The Life and Times of George Ferris. p. 109. ISBN 0784410100.
Jump up ^ Richard Moreno. A Short History of Carson City. p. 74. ISBN 0874178363.
Jump up ^ "The Great Wheel, London - Building #4731". www.skyscrapernews.com.
Jump up ^ Anderson Norman. Ferris Wheels:An illustrated history. p. 100. ISBN 087972532X.
Jump up ^ Hibbert, Christopher (2011). The London Encyclopaedia (3rd Edition). London: Pan MacMillan. ISBN 9780230738782.
Jump up ^ Rose, Steve (31 August 2007). "London Eye, love at first sight". The Guardian. Retrieved 7 January 2010.
Jump up ^ Beckett Rankine – London Eye Pier Design Archived 16 June 2013 at the Wayback Machine.
Jump up ^ "NLP – Project:". Nlpplanning.com. Archived from the original on 21 March 2007. Retrieved 7 January 2010.
^ Jump up to: a b "Making of The London Eye". Londoneye.com. Archived from the original on 21 May 2014. Retrieved 21 May 2014.
Jump up ^ "Color Kinetics Showcase London Eye". Colorkinetics.com. Retrieved 7 January 2010.
Jump up ^ Enerpac strand jacks lift London Eye. Enerpac.com. Retrieved on 6 February 2012.
Jump up ^ Mann, A. P.; Thompson, N.; Smits, M. (2001). "Building the British Airways London Eye". Proceedings of the ICE – Civil Engineering. 144 (2): 60–72. doi:10.1680/cien.2001.144.2.60.
Jump up ^ "All Eyes on Eighth Wonder: The London Eye greets 30 millionth visitor and joins Stonehenge and the Taj Mahal as a world wonder". londoneye.com. EDF Energy London Eye. June 2008. Retrieved 13 January 2012.
Jump up ^ Ashby, Charles. (15 November 2011) High-flying deal for Leitner-Poma. Gjsentinel.com. Retrieved on 6 February 2012.
Jump up ^ Colorado's Leitner-Poma to build cabins for huge observation wheel in Las Vegas. Denverpost.com. Retrieved on 6 February 2012.
^ Jump up to: a b "Interesting things you never knew about the London Eye". London Eye. Archived from the original on 30 July 2014.
Jump up ^ Hester, Elliott (23 September 2007). "London's Eye in the sky not just a Ferris wheel". Chicago Tribune. Archived from the original on 26 November 2010.
Jump up ^ "Disabled Guests". London Eye.
Jump up ^ Woodman, Peter (26 June 2009). "London Eye capsule taken away as refit starts". The Independent.
Jump up ^ "Queen lookalike unveils Coronation Capsule at London Eye". london-se1.co.uk. 2 June 2013. Retrieved 8 June 2013.
^ Jump up to: a b Reuters, From (6 March 2007). "Blackstone to buy Tussauds' parent". Los Angeles Times. ISSN 0458-3035. Retrieved 16 January 2017.
Jump up ^ Rose, Steve (27 March 2006). "Towering ambition". The Guardian. ISSN 0261-3077. Retrieved 16 January 2017.
Jump up ^ "Merlin conjures up leaseback deal". The Daily Telegraph. 17 July 2007.
Jump up ^ Cho, David (6 March 2007). "Blackstone Buys Madame Tussauds Chain". Washington Post.
Jump up ^ "London Eye to get (another) new name". Evening Standard. 7 January 2011. Retrieved 16 January 2017.
Jump up ^ "A new eye on London". London Eye. Archived from the original on 17 August 2009.
Jump up ^ "EDF Energy naming rights". Attractions Management. Retrieved 8 January 2011.
Jump up ^ "Coca-Cola to sponsor London Eye". The Guardian. 16 September 2014. Retrieved 22 October 2014.
Jump up ^ "London Eye given eviction notice". BBC News. 20 May 2005. Retrieved 7 January 2010.
Jump up ^ "Mayor's 'prat' jibe over Eye row". BBC News. 25 May 2005. Retrieved 7 January 2010.
Jump up ^ Marriner, Cosima (11 November 2005). "BA sells stake in London Eye to Tussauds for £95m". The Guardian. Retrieved 7 January 2010.
Jump up ^ Marks Barfield Architects (2007). Eye: The story behind the London Eye. London: Black Dog Publishing.
Jump up ^ How to get here Archived 13 May 2014 at the Wayback Machine.
External links[edit]
Wikimedia Commons has media related to London Eye.
Official website
Architect's website
London Eye at Structurae
Live London Eye Webcam
Preceded by
Daikanransha World's tallest Ferris wheel
2000–2006 Succeeded by
Star of Nanchang
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Ferris wheels
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World's tallest Ferris wheels (over 80 m)
Americas
US
the original Ferris Wheel
High Roller
Orlando Eye
Asia
China
Bailang River Bridge Ferris Wheel
Changsha Ferris Wheel
Harbin Ferris Wheel
Shanghai Ferris Wheel
Star of Lake Tai
Star of Nanchang
Suzhou Ferris Wheel
Tianjin Eye
Zhengzhou Ferris Wheel
Japan
Aurora Wheel
Cosmo Clock 21
Daikanransha
Diamond and Flower Ferris Wheel
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Sky Dream Fukuoka
Space Eye
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Sky Wheel
Europe
France
Grande Roue de Paris
Italy
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United Kingdom
Great Wheel
London Eye
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Other conventional Ferris wheels
For a more extensive list, see List of Ferris wheels
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US
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Other types of wheel
Transportable
Ferris wheels
designs
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wheels
Roue de Paris
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see also
List of transportable Ferris wheels
Transportable
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Delhi Eye
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Eccentric wheels
US
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US
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Triple wheels
US
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Major Ferris wheel proposals
Construction in progress:
Dubai
Dubai Eye
Unfinished projects:
China
Turn of Fortune
US
New York Wheel
Abandoned projects:
US
Skyvue
Quiescent proposals:
China
Beijing Great Wheel
Germany
Great Berlin Wheel
India
Kolkata Eye
US
Great Orlando Wheel
For other quiescent (incomplete, delayed, stalled, cancelled, failed, or abandoned) proposals, see: Ferris wheel#Quiescent proposals
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Related topics
Designers,
manufacturers,
and operators
Allan Herschell Company
Chance Morgan
Chance Wheels / Chance American Wheels
Eli Bridge Company
Great City Attractions (previously World Tourist Attractions)
Great Wheel Corporation (merged with World Tourist Attractions in 2009)
Intamin
Maurer German Wheels
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GND: 4742054-6
VIAF: 241883445
Retrieved from "https://en.wikipedia.org/w/index.php?title=London_Eye&oldid=856809480"
Categories:
Ferris wheels
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values: Լոնդոնի աչք – Armenian

values:
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display: none;

values:
interlanguage-link interwiki-is
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values:
interlanguage-link interwiki-it
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values: לונדון איי – Hebrew

values:
interlanguage-link interwiki-he
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values: ლონდონის თვალი – Georgian

values:
interlanguage-link interwiki-ka
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values:
interlanguage-link interwiki-lv
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values:
interlanguage-link interwiki-lb
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values:
interlanguage-link interwiki-lt
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values:
interlanguage-link interwiki-hu
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values: Лондонско око – Macedonian

values:
interlanguage-link interwiki-mk
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values:
interlanguage-link interwiki-ml
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values: लंडन आय – Marathi

values:
interlanguage-link interwiki-mr
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values:
interlanguage-link interwiki-mzn
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values: လန်ဒန်မျက်လုံး – Burmese

values:
interlanguage-link interwiki-my
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values:
interlanguage-link interwiki-nl
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values: ロンドン・アイ – Japanese

values:
interlanguage-link interwiki-ja
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values:
interlanguage-link interwiki-no
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values:
interlanguage-link interwiki-nn
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values: ਲੰਡਨ ਆਈ – Punjabi

values:
interlanguage-link interwiki-pa
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values:
interlanguage-link interwiki-pnb
display: none;

values:
interlanguage-link interwiki-pl
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values:
interlanguage-link interwiki-ro
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values: Лондонский глаз – Russian

values:
interlanguage-link interwiki-sco
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values:
interlanguage-link interwiki-scn
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values:
interlanguage-link interwiki-simple
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values:
interlanguage-link interwiki-sk
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values:
interlanguage-link interwiki-sl
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values: Лондонско око – Serbian

values:
interlanguage-link interwiki-sr
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values:
interlanguage-link interwiki-sh
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values:
interlanguage-link interwiki-fi
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values:
interlanguage-link interwiki-sv
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values: லண்டனின் கண் – Tamil

values:
interlanguage-link interwiki-ta
display: none;

values: ลอนดอนอาย – Thai

values:
interlanguage-link interwiki-th
display: none;

values:
interlanguage-link interwiki-tr
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values: Лондонське око – Ukrainian

values:
interlanguage-link interwiki-uk
display: none;

values:
interlanguage-link interwiki-vec
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values:
interlanguage-link interwiki-vi
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values: לאנדאנער אויג – Yiddish

values:
interlanguage-link interwiki-yi
display: none;

values:
interlanguage-link interwiki-lfn
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values: All languages (initial selection from common choices by you and others)

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values:
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