Double Jeopardy Flashcards
1
Q
double jeopardy
A
prevents a D from being prosecuted twice for the “same offense”
- Under Blockburger Test: two crimes are NOT the “same offense” if each crime requires proof of a fact which the other does NOT
- a final judgment on a lesser offense bars prosecution of a greater offense on the same facts UNLESS the greater offense:
1. did NOT exist @ time of trial, OR
2. was NOT discovered despite due diligence
2
Q
jeopardy attaches
A
when a jury is impaneled and sworn
Exceptions:
- hung jury,
- manifest necessity exists to end of the trial, OR
- trial is terminated at D’s request and it’s not an acquittal on the merits
