Double jeopardy, Self incrimination Flashcards
1
Q
no flip
5th A says that person cannot be retried for same offense once jeopardy has attached.
A
2
Q
when does jeopardy attach in a jury trial?
A
empaneling and swearing in of jury
3
Q
when does jeopardy attach in a bench trial?
A
when 1st witness is sworn
4
Q
when does jeopardy attach in a civil trial?
A
trick q! it usually doesnt other than juvenile proceedings
5
Q
list (5)
when is retrial permitted
A
- first trial ends in hung jury
- trial was discontinued and D retried for same offense
- state can retry a D who has succesfully appealed a conviction BUT cannot be retried for a greater offense
- D breaches plea bargain
- D can be tried for multiple charges in one trial but D elects to have one of those charges tried seperately
6
Q
can seperate sovergeins try a D for the same offense?
A
YES!
7
Q
no flip
Person has to claim 5th A in a civil proceedings to prevent waiver in a later criminal proceedings
A
