Double Jeopardy

Question 1

What amendment prohibits double jeopardy?

Answer 1

5th A. applied to states via 14th A.

Question 2

When does double jeopardy attach?

Answer 2

Trial: when just sworn in

Bench trial: when 1st witness sworn

Juvi: when proceeding begin

Question 3

What does double jeopardy mean?

Answer 3

Person cannot be retried for the same offense.

Question 4

Exceptions (when a person may be tried for same offense)

Answer 4

Hung jury
Mistrial
Retrial after successful appeal

Question 5

Blockburger Test

Answer 5

Test to determine if 2 crimes are the same for the purpose of double jeopardy.

-If one crime has elements that the other crime does not

Question 6

Exception to Blockburger Test

Answer 6

Multiple punishments may be imposed for same conduct if :

1. Offenses are intended by the legislature to carry separate punishments
2. AND punishments imposed at single trial