Double Jeopardy Flashcards
1
Q
When Does D.J. attach?
A
1) jury trial - when jury sworn in
2) bench trial - when first witness sworn in
3) guilty plea - when court unconditionally accepts plea
**Does NOT apply to civil proceedings!
Must apply only to offenses that are similar of of a “lesser included” nature,
3. Same sovereign - States CANNOT sue after municipality (Fed can after state does)
2
Q
Exceptions to D.J.
A
- Hung jury
- Mistrial for manifest necessity
- successful appeal
- Def breached plea agreement
3
Q
Same Sovereign Requirement
A
- Bars retrial by same sovereign. So a state and city may not try case for the same crime
- Does not bar subsequent actions for the same offense by federal gov’t or other states.
4
Q
Double Jeopardy
A
- 5th Amendment
- Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb by the same sovereign
