Trial and Post-Trial Rights Flashcards
Double Jeopardy
The 5th amendment right to be free of double jeopardy for the same offense has been incorporated into the 14th amendment (making it enforceable on states).
General rule - once jeopardy attaches, the defendant may not be retried for the same offense. In jury trials, jeopardy attaches when the jury is empanelled and sworn, but the state may retry a defendant even if jeopardy attached when the first trial ends in a hung jury.
Burden of Proof In Criminal Law
Due process of law requires a state to prove each element of the crime charged BEYOND A REASONABLE DOUBT (BRD). However, as to affirmative defenses to criminal charge, SCOTUS has held that the state can place the burden of proof on the defendant without violating the defendant’s constitutional rights.
For the defense of mental illness, SCOTUS has held that the state can require (as federal courts do) that the defendant prove the defense by clear and convincing evidence. The state also can place the burden on the defendant to prove the defense of mental illness by a preponderance of the evidence, which is a lesser burden of proof.
Double Jeopardy
The 5th amendment provides that one may not be twice put in jeopardy for the same offense.
Blockburger test: two crimes do not constitute the same offense if each crime requires proof of an additional element that the other crime does not require, even though some of the same facts may be necessary to prove both crimes.
Right to Jury Trial
There is no constitutional right to a jury of 12, but there must be at least six jurors to satisfy the right to a jury trial under the 6th and 14th amendments.
There is also no right to unanimous verdict. However, SCOTUS has held that six-member juries must be unanimous.
A jury trial complying with the rules stated above is required for serious offenses, which are those authorizing imprisonment of more than 6 months.
