Double Jeopardy

Question 1

Attachment of Jeopardy

Answer 1

jeopardy attaches in a jury trial when the jury is sworn–in a bench trial, jeopardy attaches when the 1st witness is sworn

Question 2

Attachment in Civil Proceedings

Answer 2

jeopardy does not generally attach when the proceedings are civil

Question 3

Exceptions Permitting Retrial

Answer 3

1-jury is unable to agree upon a verdict
2-mistrials for manifest necessity (medical emergency)
3-retrial after a successful appeal is not double jeopardy
4-breach of an agreed upon plea bargain by defendant–RULE–when the defendant breaches a plea bargain agreement, his plea and sentence can be withdraw and the original charges reinstated

Question 4

2 Crimes Constitute Same Offense?

Answer 4

2 crimes do not constitute the same offense if each crime requires proof of an additional element that the other does not
1-lesser included offenses: being put in jeopardy for a greater offense bars retrial for any lesser included offense
a-exception-battery/murder–if a D is tried and convicted on a charge of battery, and the victim of the battery later dies due to the injuries, the D can also then be prosecuted for murder

Question 5

Separate Sovereigns

Answer 5

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