Double Jeopardy

Question 1

What was the ruling in Missouri v. Hunter?

Answer 1

Under the rule that lesser included offenses “merge” into greater offenses, a person may not be convicted of both the greater offense and a lesser included offense. While the Supreme Court has held that a subsequent prosecution for robbery is not permitted against a defendant who has been tried for felony murder where the robbery is the underlying felony, this situation is different. Imposition of cumulative punishments for two statutorily defined offenses arising from the same transaction and constituting the same crime does not violate double jeopardy when the punishments are imposed at a single trial, as long as the two offenses were specifically intended by the legislature to carry separate punishments. [Missouri v. Hunter (1983)]

Question 2

under the fifth amendment

Answer 2

a person may not be retried for the same offense once jeapardy has attached, does not apply to seperate sovereigns.

Question 3

exceptions to DJ

Answer 3

1. hung jury on trial 1
2. manifest necessity to abort original trial or termination occurs
3. a state may retry a defendant who has successfully appealed a conviction unless the ground for reversal was insufficient evidence to support a guilty verdict
4. charges may be reinstated after a defendant breaches her plea bargain
5. if a defendant could have been tried for multiple charges in a single trial, but the defendant elects to have the offenses tried seperately, j will not attach to the first trial for the other charges.

Question 4

when two crimes not the same offense

Answer 4

two crimes are the same offense unless each crime requires proof of an additional element that the other does not require.

Question 5

Cumulative Punishments for Offenses Constituting the same crime

Answer 5

even if two crimes constitute the same offense under this test multiple punishments are permissible if there was a legislative intent to have the cumulative punishments.

Question 6

attachment of j for a greater offense

Answer 6

bars retrial for lesser included offense

Question 7

attachment of j for a lesser included offense

Answer 7

bars retrial for a greater offense

Question 8

new evidence exception

Answer 8

an exception to the DJ bar exists if unlawful conduct that is subsequently used to prove the greater offense 1 has not occurred at the time of the prosecution for the lesser offense or 2 has not been discovered despite due diligence.

Question 9

victim dies after DJ attachment of batter

Answer 9

defendant can be tried for murder