Double Jeopardy

Question 1

When Double Jeopardy Attaches

Answer 1

Jeopardy attaches in a jury trial at the empaneling and swearing of the jury.

In bench trials jeopardy attaches when the first witness is sworn.

Commencement of a juvenile proceeding bars a subsequent criminal trial for the same offense.

Jeopardy generally does not attach in civil proceedings other than juvenile proceedings.

Question 2

Exceptions Permitting Retrial

Answer 2

Certain exceptions permit retrail of a D even if jeopardy has attached:

1. hung jury
2. There is a manifest necessity to abort the original trial or when termination occurs at the behest of the D on any ground not constituting acquittal (I.e., medical emergency)
3. D who has successfully appealed a conviction unless the ground for reversal was insufficient evidence - Retrial is permitted when reversal is based on the weight of the evidence. D may not be tried for a greater offense than that for which they were convicted.
4. D breaches their plea bargain
5. The D elects to have the offenses tried separately

Question 3

General Rule - When two crimes are not the same offense

Answer 3

Two crimes are the same offense unless each crime requires proof of an additional element that the other does not require, even though some of the same facts may be necessary to prove both crimes

Question 4

Cumulative Punishments for Offenses Constituting the Same Crime