Double Jeopardy

Question 1

Jeopardy attaches in a jury trial when: ____.

It attaches in a bench trial when: ____.

Answer 1

The jury is empaneled and sworn

The first witness is sworn

Question 2

P can retry a D under these exceptions (even when jeopardy has attached): 3 out of 4

Answer 2

Hung jury

When there is manifest necessity to abort original trial, like med emergency

D successfully appealed a conviction unless the ground for reversal was insufficient evidence to support guilty verdict

D breached plea bargain

D could have been charged for multiple charges in one trial but chose separately

Question 3

D [may/may not] be retried for a greater offense than what they were convicted for. T/F

Answer 3

True

Question 4

Two crimes are the same offense unless ____.

Answer 4

Each crime requires proof of an additional element that the other does not

Question 5

Person may be tried by two different states. T/F

Answer 5

True. “Separate sovereigns”