Double Jeopardy

Question 1

Double Jeopardy

Answer 1

5th Amendment bars re-trial by the same sovereign for the same offense

• -Attaches: jury sworn / 1st W sworn
• -Same offense: not if req’s proof of additional element (bars retrial of greater/lesser included offenses except for battery –> murder)

Question 2

Double Jeopardy Exceptions

Answer 2

Hung jury, mistrial for manifest necessity (ER), breach of plea agreement, mistrial for good party request