Double Jeopardy

Question 1

Double Jeopardy definition

Answer 1

Defendant cannot be tried for the same crime twice
- has to be trial #1 in order for rule to apply

Question 2

No Double Jeopardy

Answer 2

If Grand Jury fails to Indict, pretrial hearing, anything that occurs PRIOR TO TRIAL STARTING = no double jeopardy

Question 3

when does trial #1 begin

Answer 3

• attaches in jury trial: when jury is impaneled and sworn
• attaches in non-jury trial: when 1st witness is sworn

Question 4

when does trial #1 end

Answer 4

When there is a final judgment - on the merits
must be final judgment in first case in order for double jeopardy to attach

Question 5

Double Jeopardy Exception (after a final judgment)

Answer 5

Sovereign Rule:
- Can be tried in another state
- Can be tried in Fed Ct
if same state, but in a different county, double jeopardy applies

Question 6

Estoppel

Answer 6

Legally stopped from trying you because need an element from another crime to find you guilty for this crime
- i.e.: not guilty for robbery –> cannot try you for felony murder