Double Jeopardy

Question 1

DJ attaches in a non jury trial when

Answer 1

1st W sworn and ev heard

Question 2

DJ attaches in a jury trial when

Answer 2

jury impaneled and sworn

Question 3

once DJ has attached to lesser-included offense, can pros try D for a greater offense?

Answer 3

nope- as long as greater one is one set of facts prove them both
-UNLESS when DJ attaches, all els of greater offense haven’t yet occurred

Question 4

DJ does not prevent pros by

Answer 4

separate sovereigns

Question 5

retrial where a conviction was reversed due to insufficient ev,

Answer 5

DJ prevents retrial.

BUT if the verdict is just against the weight of the ev, DJ does not prevent retrial

Question 6

retrial after mistrial?

Answer 6

yes if D made the motion

not where D objects, unless justice can only be served by declaring a mistrial (ex hung jury)

Question 7

pros can appeal where

Answer 7

• J grants acquittal on an issue not related to guilt or innocence
• appeal can be decided without subjecting D to a new trial

Question 8

collateral estoppel will prevent another trial where

Answer 8

prevents subsequent litigation of legal determinations of fact and law that have resulted in valid final judgments.