7. Double Jeopardy Flashcards
What is the Double Jeopardy Clause?
The Double Jeopardy Clause is intended to prevent undue harassment and expense by eliminating the risk of a defendant being punished twice for the same offense.
What is Double Jeopardy under Georgia Law?
a person cannot be prosecuted for a crime if they have been previously prosecuted for the same crime based on the same material facts, and the earlier prosecution resulted in:
(1) Conviction
(2) Acquittal
(3) Improper termination after the jury was sworn or, in a bench trial, after the first witness was sworn
What crimes does the Double Jeopardy Clause apply to?
The Double Jeopardy Clause applies to all crimes, even ones punishable only by fine.
What does the Fifth Amendment’s double jeopardy clause prohibit?
It prohibits trying a defendant twice for the same crime using the same facts and includes collateral estoppel.
When does jeopardy attach in a nonjury trial?
Jeopardy attaches when the first witness is sworn and the court begins to hear the evidence.
When does jeopardy attach in a jury trial?
Jeopardy attaches when the jury is impaneled and sworn.
Does a civil fine trigger jeopardy?
Yes, if a civil fine is truly a punishment, then the Double Jeopardy Clause is triggered.
Does jeopardy attach during grand jury investigations?
No, jeopardy does not attach during grand jury investigations.
What constitutes the same offense for double jeopardy purposes?
Crimes constitute the same offense if one set of facts proves them both.
What is a lesser-included offense?
When a second offense contains all of the elements of a first offense, plus additional elements.
What happens once jeopardy has attached for the lesser-included offense?
Retrial is barred for the greater offense.
What happens once jeopardy has attached for the greater offense?
Retrial is barred for the lesser-included offense.
Is the order of trials relevant in double jeopardy?
No, the order of trials is irrelevant.
When is a later trial for a greater offense permitted?
When at the time jeopardy attaches for the first offense and all elements of the second offense have not occurred.
Does a defendant waive double jeopardy when they request separate trials?
Yes, if the request is granted, the defendant has waived any claim to double jeopardy.
Do separate trials and separate punishments violate double jeopardy?
No, they do not violate double jeopardy.
Does double jeopardy prevent dual prosecution by separate sovereigns?
No, it does not prevent dual prosecution by separate sovereigns.
Does a local conviction bar a state prosecution for the same offense?
Yes, a local conviction would bar a state prosecution.
When is retrial permitted despite the rule against double jeopardy?
If the defendant successfully appeals her conviction because of an error made at trial.
Is a retrial following reversal due to insufficient evidence prohibited by the Double Jeopardy Clause?
Yes, it is prohibited.
Is a retrial permitted following reversal due to the conviction being against the weight of the evidence?
No, it is not prohibited.
Is retrial for a greater offense constitutional after a conviction for a lesser-included offense?
No, it is unconstitutional.
Is retrial permitted when a mistrial has been granted on the defendant’s motion?
Yes, retrial is permitted.
Is a retrial permitted when the defendant objects to a mistrial?
No, unless a manifest necessity exists.
Is a retrial permitted if a judge grants an acquittal instead of a mistrial following a hung jury?
No, retrial is not permitted.
Can the prosecution appeal with the bar of Double Jeopardy?
Yes, in specific situations.
Is Double Jeopardy an absolute bar to the imposition of a harsher sentence?
No, it is not an absolute bar.
Does Double Jeopardy apply to capital-sentencing proceedings?
No, it does apply when such proceedings have the hallmarks of the trial on guilt or innocence.
What are the limitations preventing more serious punishment upon resentencing?
Inapplicable following a jury sentence or a trial de novo.
Has jeopardy terminated when a defendant is convicted of murder and sentenced to life imprisonment but successfully appeals the conviction?
No, jeopardy has not terminated.
Can a court reduce a sentence on appeal to the sentence of a non-jeopardy barred crime?
Yes, a court can reduce a sentence.
What is the doctrine of collateral estoppel?
It precludes relitigation between the same parties of issues actually determined at an earlier trial.
When is collateral estoppel applicable?
When the issue sought to be precluded has been necessarily determined in the earlier trial.
