Double Jeopardy, not the movie!

Question 1

When does jeopardy attach?

Answer 1

When jury is sworn in. In a bench trial, jeopardy attaches when the first witness is sworn in.

Question 2

Does jeopardy attach in civil proceedings?

Answer 2

No, you can have a criminal proceeding for tax fraud and then a civil proceeding to collect back taxes for example.

Question 3

When is a retrial permitted?

Answer 3

1. Jury unable to agree upon a verdict
2. Mistrials for manifest necessity (medical emergencies and the like)
3. A retrial after a successful appeal is NOT double jeopardy

Question 4

Can a defendant be retried for a more serious crime after a successful appeal for a retrial?

Answer 4

NO

Question 5

What if a defendant breaches the agreed upon plea bargain?

Answer 5

His plea and sentences are withdrawn and the original charges can be reinstated.

Question 6

Heidi and Spencer (dating but not married) commit murder. Heidi cooperates
with the investigation and is allowed to plead to second-degree murder in exchange for
her testimony against Spencer at his trial. Spencer is convicted of first-degree murder,
based largely on Heidi’s testimony. Months later, Spencer successfully appeals his
conviction on other grounds, and he is granted a new trial. Heidi refuses to testify at
Spencer’s retrial. Does double jeopardy prevent the prosecutor from recharging Heidi
with first-degree murder?

Answer 6

No, agreement is for every time they are on trial.

Question 7

When do two crimes not constitute the same offense?

Answer 7

If each crime requires an additional element that the other does not.

Question 8

Homer sits through a three-hour property lecture, and becomes very tired.
He gets into his car, falls asleep, and hits and kills two people. Homer realizes what
has happened, but he’s really hungry, so he drives home. Homer is tried in separate
trials for manslaughter and hit and run from that single incident. Does double jeopardy
preclude the prosecution of both crimes?

Answer 8

No. Manslaughter and hit and run not the same offenses.

Question 9

If you are tried for robbery, for example, can you be retried for lesser including offenses of assault and larceny later?

Answer 9

No. Being put in jeopardy for a greater offense bars retrial for any lesser included offense.

Question 10

Is there an exception to double jeopardy if a defendant is charged with battery, but the victim later dies from the battery?

Answer 10

Yes.

Question 11

Can you be tried in State court and then Federal court on both state and federal drug laws?

Answer 11

Yes, double jeopardy only bars retrial for the same offense by the same sovereign.