Double Jeopardy

Question 1

When jeopardy attaches

Answer 1

Jury trial: empaneling and swearing jury;
Bench trial: swearing W;
Juvenile proceedings: commencement of adjudicatory juvenile proceeding
*DOESNT APPLY in civil proceedings unless juvenile is involved

Question 2

Exceptions permitting retrial

Answer 2

Hung jury; mistrial for manifest necessity; retrial after successful appeal if it was a BARD issue (not a weight of evidence issue); harsher sentncing on conviction after retrial; breach of plea bargaining

Question 3

Same Offense (Blockburger Test)

Answer 3

Two crimes ≠ same offense if EACH CRIME requires proof of an ADD’L ELEMENT that the OTHER CRIME DOESNT REQUIRE

Question 4

Not the same offense

Answer 4

Manslaughter w/automobile / hit & run; reckless driving / drunk driving; reckless dirving / failure to yield the right of way; uttering a forged check / obtaining money by false pretenses using the forged check

Question 5

Cumulative punishments

Answer 5

Imposition of cumulative punishments for 2+ statutorily defined offenses, specifically intended b legislature to carry separate punihsments, even though the “same” under Blockburger, doesn’t violate the prohbition of mutiple punishments for a same offense when the punishments are imposed at a singletrial

Question 6

Lesser included offenses

Answer 6

retrial for lesser included offense is barred; retrial for greater offense is barred unless new evidence is later discovered despite due diligence

Question 7

Conspiracy

Answer 7

Prosecution for conspiracy is not barred merely because some of the alleged overt acts of that conspiracy have already been prosecuted

Question 8

Separate sovereigns

Answer 8

prohibition against DJ doenst apply to trials by separate sovereigns; a person may be tried for the same conduct by both a state and the federal gov

Question 9

appeals by prosecution

Answer 9

even after jeopardy has attached, Pr. may appeal any dismissal on D’s motion not constituting an acquittal on the merits

Question 10

Issue preclusion

Answer 10

D may not be tried or convicted of a crime if a prior prosecution by that soverienty resulted in a FACTUAL DETERMINATION INCONSISTENT W/THE ONE REQUIRED FOR CONVICTION