Double Jeopardy

Question 1

When a D moves to dismiss a charge based on a violation of Double Jeopardy; D must establish:

Answer 1

she has been in jeopardy for same offense by same sovereign

Question 2

Being previously charged is insufficient; D must prove jeopardy had attached- jeopardy attaches:

Answer 2

1) in a non-jury trial: when first witness is sworn and court begins to hear evidence
2) In a jury trial: when jury is impaneled and sworn

Question 3

Same offense

Answer 3

two crimes occurring out of same transaction are considered same offense, unless:

1) each charge requires proof of a separate criminal impulse or
2) each charge requires proof of a separate factual element

Question 4

Separate sovereignties:

Answer 4

Does not prevent dual prosecution by separate sovereignties. A d may be prosecuted for same criminal conduct by separate sovereigns
a) each state is separate sovereign and the fed gov’t is separate from the states