Double Jeopardy

Question 1

Double Jeopardy Attachment

Answer 1

Jury Trials: When Jury is Sworn

Bench Trial: When witness takes seat

Question 2

Application

Answer 2

Jeopardy generally does not attach to civil trials

Question 3

Exception to Permitting Retrial

Answer 3

Hung Jury, Mistrial for Manifest Necessity, Retrial after sucessful Appeal (cannot be tried for more serious crime) Breach of agreed upon plea bargain by defendant, two crimes do not constiute same offense if each crim requires proof of additional element that other crime does not, Lesser included offense, Separate Sovereigns

Question 4

Lesser Included Offenses Include

Answer 4

being put in jeopardy for greater offense bars re-trial for any lesser included offense

if put into jeopardy for lesser included offense you CANNOT be later retried for greater offense (exception battery leaded to murder)