Double Jeopardy Flashcards
Under the 5th Amendment, a person may not be retried for the same offense once _________ has attached.
jeopardy
When does jeopardy attach in a jury trial?
at the empaneling and swearing of the jury.
When does jeopardy attach in a bench trial?
when the first witness is sworn.
Commencement of a juvenile trial for an offense bars what?
a subsequent criminal trial for the same offense.
Does jeopardy attach in civil proceedings?
no
When can a state a trial and yet retry the same defendant for the same offense?
a state can retry someone despite jeopardy attaching when: 1) the first trial resulted in a hung jury; 2) there is manifest necessity to end the first trial; or 3) a defendant has successfully appealed a conviction unless the ground for reversal was insufficient evidence to support a guilty verdict.
Where a state retries a defendant who has successfully appealed a conviction, can the state charge him with a greater crime than in the original case?
no
Where a defendant breaches her plea bargain, what can the prosecutor do?
the prosecutor can reinstate charges that were originally not intended to be brought.
What is the test applied in determining whether two offenses are actually the same offense?
two offenses are the same offense unless each crime requires proof of an additional element that the other does not require, even though some of the same facts may be necessary to prove both crimes.
When are cumulative punishments allowed despite two offenses being the same offense under the same offense test?
where there is legislative intent to have the cumulative punishments.
What does the attachment of jeopardy for a greater offense do?
it bars the retrial for lesser included offenses.
What does the attachment of jeopardy for a lesser included offense do?
it bars retrial for a greater offense.
Can the state bring a civil trial against a plaintiff based on conduct that has already been tried in a criminal case?
yes
Can a state bring criminal charges against a person who has already been tried in a civil case on the same conduct?
yes
Can a person be tried for the same offense arising from the same conduct by two separate sovereigns?
yes, the federal government and the state government can both try the same defendant for the same exact crime arising out of the same specific conduct.
