Post-Trial Considerations Flashcards
Double Jeopardy
Under the 5th Amendment, there is a right to be free of doupble jeopardyfor the same offense
- Once jeopardy attaches, the D may not be retried for the same offense within the same sovereign
What protections does the Souble Jeopardy Clause provide?
Protection against a:
- 2nd prosecution for the same offense after acquittal
- 2nd prosecution for the same offense after conviction AND
- Multiple punishments for the same offense
Definition of “Same Offense”
Blockburger Test
- 2 crimes don’t constitute the same offense if each crime requires an element that the other does not
- A crime must have at least 1 dif. element from the other crime to be considered dif. crimes for purp. of double jeopardy
“Same Offense” - Lesser Included Offense
Lesser Included Offense - Attachment of Jeopardy for the greater bars retrial for the lesser
“Same Offense” - Greater Included Offenses
The attachment of heopardy for a lesser offense bars retrial for greater included offenses
- Exceptions:
- Unable to Try both Simultaneously (e.g. D tried for battery & jeopardy attaches but then vic. dies, D can be retried for murder)
- New Evidence - Unlawful conduct needed to prove the greater offense:
- Had not occured at the time of proseution of the lesser offense or
- Had not been discovered despite due diligence
When does Jeopardy Attach?
Jury Trial - attaches when jury is empaneled & sworn in
Bench Trial - WHen the first wit. is sworn in
Same Sovereign
Right to be free of double jeopardy doesn’t apply to trials that take place in sep. sov. - Acquittal by one sov. doesn’t bar prosecution in another sov.
- Fed. Ct & State Court = Sep. Sov.
- Different State Courts = Sep. Sov.
- St. Ct. & Municipal Ct. w/in Same St. = Same Sov.
When does Double Jeopardy attach when Defendant pleads guilty?
When the court unconditionally accepts the D’s guilty plea
When does Double Jeopardy attach in a civil trial?
Jeopardy doesn’t attach in civil proceedings
- Even if a D has been found guilty in a criminal action, the state may still bring a civil action against the D that arises out of the same conduct
When does Double Jeopardy attach at a Preliminary Hearing ?
Jeopardy doesn’t attach at a preliminary Hearing
- e.g. DJ doesn’t bar a grand jury from returning a indictment when a prior grandjury refused to do so
Exceptions to Double Jeopardy that permit a retrial
Certain situations permit a retrial after Jeopardy attached:
- Trial ends in Hung Jury
- Original trial aborted for Manifest Necessity
- D Breached of Plea Bargain
- Retrial After Successful Appeal
- Exception - ground for reversal was Insufficiency of the ev. to support guilty verdict
Double Jeopardy - Collateral Estoppel
If a court has litigated a factual question in the favor of the defendant
- It can’t be re-litigated in the same sovereign to the detriment of the defendant
- Only applies to acquittals, not convictions
The right to appeal
Const. doesn’t guarantee an indiv. the right to appeal
- BUT are guaranteed certain rights during the appeal process
- Equal Protection
- The right to counsel
- If atty believes the appeal is frivolous, she can w/draw so long as appellant’s right to counsel continues to be protected
- No right of self-representation during appeal
Convictions - Writ of Habeas Corpus
D can attack their convictions
- Even if their appeal was unsuccessful or not available
- by challenging the lawfulness of the detention under writ of habeas Corpus
- D doesn’t have to be in Custody, may be out on bail, probation, parole
- Civil Action - So, Petitioner must demonstrate the unlawfulness of the detention by preponderance of the evidence
Convictions - Parole & Probation
If a new sentence will be imposed upon the revocation of parole:
- The right to counsel is activated & parolee is entitled to representation to the same extent as a trial
If already imposed sentence is triggered
- Right to counsel is limited - right only applie if it’s nec. for a fair hearing
