Double Jeopardy**

Question 1

Double Jeopardy Generally

Answer 1

Person may not be retried for same offense once jeopardy has attatched

Question 2

When jeopardy attaches

Answer 2

1) Jury trial: empaneling and swearing of jury

2) Bench trial: When first witness is sworn

3) Juvenille proceedings: Bars a subsequent criminal trial for the same offense

4) Civil proceedings: does not attach other than juvenille proceedings

Question 3

Exceptions Permitting Retrial

Answer 3

1) Hung Jury

2) Manifest necessity to abort original trial (ex. medical emergency)

3) D succesffuly appealead conviction (unless ground for reversal was insufficient evidence)
—-however, on retrial, may not be tried for greated offense

4) D breached plea bargain (but if it is to testify against someone else, only have to do so in one trial)

5) Could have been tried for multiple charges in single trial, but D elects to have the offenses tried sperateely

Question 4

Same offenses generally

Answer 4

Two crimes are the same offense UNLESS each crime requires proof of additioanl element that other does not. Even if shared facts/single incident.

Question 5

Lesser Included Offenses

Answer 5

Attatchment of jeopardy for a greater offense bars retrial for lesser included offense

AND

Attatchment of jeopardy for lesser included offense bars retrial for greater offense

EXCEPTION: Unlawful conduct that is subsequently used to prove the greater offense:
1) has not occured at the time of prosecution for the lesser offense OR
2) has not been discovered depsite due dillegence

Other EXCPETION:
Retrial for muder is permitted if the citrim dies affter attatchment of jeopardy for battery

Question 6

Seperate Soverigns

Answer 6

DJ does not apply to trials by seperate soverigns

T/f may be tried by :
1) both state and federal govs
2) Different states

BUT NOT by states and its municpalitites