8th Amend.

Question 1

Death Penalty

Answer 1

Protect any showing of mitigating factors

Question 2

Double Jeopardy

Answer 2

Jeopardy attaches in jury trial WHEN the jury is sworn.

In bench trial, jeopardy attaches when 1st witness is sworn.

EXCEPTIONS permitting retrial:

• Jury is unable to agreed upon verdict
• Mistrials for manifest necessity like medical reasons
• A retrial after a SUCCESSFUL appeal is NOT double jeopardy
• Breach of an agreed upon plea bargain by the ∆ (original charges can be re-instated)

-Double Jeopardy Bars Retrial for the same offense by the Same SOVEREIGN