Double Jeopardy & Self Imcrimination

Question 1

At what point does double jeopardy attach?

Answer 1

For jury trials, it attaches once the jurors are sworn in

In the bench trial jeopardy touches on the first witness is one

For a guilty play it attaches when the court accepts the defendants pleaded unconditionally

Question 2

What is double jeopardy?

Answer 2

It means a person cannot be tried twice, by the same sovereign, for the same crime

Question 3

When is an offence not the same for the purposes of double jeopardy?

Answer 3

Two offences are not the same if each contains an element of the other does not.

Question 4

Will conviction of a greater offence during a criminal trial prevent prosecutors pursuing a lesser offence against the defendant?

Answer 4

Yes

Question 5

For the purposes of double jeopardy what counts as a separate sovereign?

Answer 5

A person may be tried for the same conduct if they are tried by the state vs. the federal government

Or they can be tried by two different states

But not states and it’s municipalities.

Question 6

What are the four exceptions to the double jeopardy rule?

Answer 6

A hung jury

A mistrial for manifest necessity

A successful appeal

A breach of a plea-bargain by the defendant

Question 7

When can someone take the 5th Amendment (right not to self incriminate)?

Answer 7

In any preceding where the defendant testify under oath

Question 8

If you fail to assert your fifth Amendment right in a civil proceedings, could it affect your ability to claim the 5th in a later criminal proceeding?

Answer 8

Yes