Double Jeopardy

Question 1

When does jeopardy attach in a jury trial?

Answer 1

When jury is sworn

Question 2

When does jeopardy attach is a bench trial?

Answer 2

First witness is sworn

Question 3

Jeopardy does not generally attach in what type of proceeding?

Answer 3

Civil

Question 4

4 situations in which retrial is ok.

Answer 4

Jury is unable to agree on verdict (hung jury)

Mistrial for manifest necessity (medical emergency)

Retrial after a successful appeal

Breach of an agreed upon plea bargain by D (i.e., when D breaches a plea bargain agreement, his plea and his sentence can be W/D and the original charges reinstated).

Question 5

When a D breaches a plea bargain, what effect?

Answer 5

his plea and his sentence can be W/D and the original charges reinstated

Question 6

Upon retrial after a successful appeal, the D can/cannot be tried for a more serious offense?

Answer 6

Cannot

Question 7

When will two crimes NOT constitute the same offense for purpose of double jeopardy?

Answer 7

When EACH crime requires proof of an additional element the other does not.

Question 8

Being put in jeopardy for a greater offense bars/does not bar retrial for any lesser included offense, and vice versa.

Answer 8

Bars

Question 9

What is the one exception to the rule that being put in jeopardy for a greater offense bars retrial for any lesser included offense, and vice versa?

Answer 9

Battery/murder.

If a D is tried and convicted on a charge of battery, and the victim later dies, D can also be prosecuted for murder.

Question 10

A is in possession of an illegal drug, which violates both state and federal law. Can A be prosecuted under both state and federal, or is this DJ? Explain

Answer 10

Not DJ.

DJ bars retrial for the same offense ONLY by the same sovereign.