Double Jeopardy Flashcards
When does DJ attach
Jury trial - empaneling and swearing in of jury
Bench trial - when first witness is sworn
What does DJ mean
person may not be retried for the same offense once jeopardy has attached
What instances bar retrial for same crime
Acquittal (evidence insufficient to convict)
Conviction of lesser included than the offense when prosecution tried to get the greater offense (this is an acquittal of the greater offense)
Juvenile proceeding on the offense
When does jeopardy not attach
Civil proceedings unless for juvenile proceedings
When can prosecution retry the defendant when jeopardy HAS attached?
(1) first trial ended in hung jury
(2) manifest necessity to abort original trial
(3) first trial terminates at the behest of the D for a ground other than acquittal
(4) D breaches plea bargain deal (Prosecutor can reinstate charges)
(5) f a defendant could have been tried for multiple charges in a single trial, but the defendant elects to have the offenses tried separately, jeopardy does not attach to the first trial for the other charges.
(6) second pros is done by different sovereign
(7) when D has successfully appealed his charge on a ground OTHER THAN sufficiency of the evidence (but “weight” of the evidence is fine) — requirements:
(A) D cannot be retried for an offense greater than the one at his first trial (BUT pros can impose harsher sentence on D the second time around as long as not in retaliation for appealing)
(B) if jury found death inappropriate at trial 1, death sentence may not be imposed at trial 2
Is this constitutional:
imposing cumulative sentences for two or more statutorily defined offenses specifically intended by the legislature to carry separate punishments even though the offenses constitute the same crime under block burger test WHEN the punishments are imposed at a single trial ?
Yes
this is permitted by double jeopardy clause
significant is that Congress intended certain offenses be subject to separate punishments
