Double Jeopardy

Question 1

When Jeopardy attaches

Answer 1

1) when the jury is sworn in (empaneled)
2) for a bench trial, when the first witness is sworn in
3) generally not for civil unless has criminal penalties

Question 2

Exceptions to jeopardy

Answer 2

1) jury is unable to agree upon a verdict
2) mistrial for manifest necessity (medical emergencies)
3) retrial after a successful appeal but cannot be for a more serious offensive than was convicted for in 1st trial or when appeals overturns verdict for insufficient evidence
4) breach of plea agreement by D, plea and sentence may be withdrawn and original charges reinstated

Question 3

What constitutes different offensives?

Answer 3

Two crimes are not the same offense if each crime requires proof of an additional element that the other does not

Question 4

Jeopardy for lesser and greater included offenses

Answer 4

1) being put in jeopardy for greater included offenses bars retrial for any lesser included offenses
2) being put in jeopardy for lesser included offenses bars retrial for any greater included offenses
EXCEPTION: battery and murder, if after the trial the victim dies due to the injuries

Question 5

Separate Sovereigns and Jeopardy

Answer 5

double jeopardy bars retrial for the same offense by the same sovereign

1) both state and federal govts can charge someone
2) both state and local CANNOT