Double Jeopardy Flashcards
What is Double Jeopardy?
The doctrine that prohibits the government from trying a person more than once for the same offense
What amendment governs Double Jeopardy?
5th and 14th Amendment
When does Jeopardy Attach for Jury Trials?
When the jury is empaneled and sworn
When does double Jeopardy attach for a bench trial?
When the first witness is sworn in
When does double jeopardy attach on a guilty plea?
When the court accepts the plea
What are the methods for double jeopardy analysis?
- Collateral Estoppel
- Same Offense Test
What are the elements of a Collateral Estoppel claim of Double Jeopardy
- Issue of Ultimate Fact
- Determined by a final judgement
- Relititgated by the same parties
AND Test
Ashe v Swenson (1970)
When is something considered to be an issue of ultimate fact?
You have met the issue of ultimate fact prong when the jury could not have grounded it’s verdict on any issue other than that which the defendant seeks to foreclose from consideration
Ashe v Swenson (1970)
When do you have a final judgement?
On acquittal or exhausted appeals
Can the government appeal an acquittal?
No
What is Dual Soverengity?
The idea that a person can be a sovereign of multiple jurisidictions that may prosecute them for the same crime
What is the rationale for the Dual Sovereignty Doctrine?
Different jurisdictions have independent reasons for their prosecutions and advance different interests. They should be allowed to do so
When are two jurisdictions considered to be the same sovereign?
When they draw their power to punish from the same source
Can you be prosecuted for the same offense in two states?
Yes
Heath v Alabama
Can you be prosecuted for the same conduct by the Federal Government and a State?
Yes
Is Puerto Rico a different Sovereign from the Federal Government?
No
Puerto Rico is a territory that draws its power from the constitution
Puerto Rico v Sanchez-Valle
Is there Double Jeopardy when prosecuted civilly and criminally for the same conduct?
It depends. The Double Jeopardy Clause only prohibits this when there is a showing that the penalty under the statute was criminal punishment
Hudson v U.S (1997)
What are the factors to consider to know if a statutory penalty is considered criminal punishment?
- Does the sanction involve an affirmative disability or restraint
- Has this sanction historically been regarded as punishment
- Is it only triggered by a finding of scienter (intent)
- Does it promote the traditional aims of punishment? - Retribution or Deterrence
- Is the behaviour to which it applies already a crime
- Does it advance a non-punishment purpose; if so
- Does it appear excessive in relation to that other purpose
Non Exhaustive
Kennedy v Mendoza identified in Hudson v US
When does Double Jeopardy Apply to Mistrials?
Double Jeopardy bars a subsequent prosecution when a mistrial is declared over the defendants objection, unless there’s a manifest necessity for the mistrial
Examples of Manifest Necessity
Hung Jury
Arizona v Washington (1976)
Examples of Mistrials that do not meet Manifest Necessity?
Prosecutor asks for a mistrial to fix the case
Arizona v Washington (1976)
How the Supreme Court say the manifest necessity standard should be interepreted?
To mean “a high degree of necessity”
Arizona v Washington (1976)
When does Double Jeopardy bar subsequent prosecution after the defendant requests a mistrial?
If the prosecutor engaged in misconduct to induce the defendant into seeking the mistrial
Oregon v Kennedy (1982)
When Does Double Jeopardy bar re-prosecution after a dismissal before the end of trial?
If it was dismissed because the evidence was legally insufficient to establish an element offense
Otherwise no double jeopardy
US v Scott (1978)
When does Double Jeopardy Bar reprosecution after a successful appeal?
Re-prosecution barred when appeal reverses based on lack of sufficient evidence
Burks v US (1978)
