MI Distinctions

Question 1

Carrying a concealed weapon

Answer 1

1. That the instrument or item was indeed a dangerous weapon, in this case a gun.
2. That the dangerous weapon was in a vehicle that defendant was in.
3. That the defendant knew the instrument was in the vehicle.

And,

4. That the defendant took part in carrying or keeping the dangerous weapon in the vehicle.

Question 2

Michigan Constitution’ s Double Jeopardy Clause

Answer 2

Protects person against three specific types of jeopardy:

(1) Acquittals - may not be re-prosecuted for the same offense after an acquittal.
(2) Retrial - may not be retried for the same offense.
(3) re-punished - may not be punished more than once for the same offense.

Question 3

Blockburger test for Dbl Jeopardy

Answer 3

The test is whether the two charges require proof of the same elements.