Double Jeopardy and Self-Incrimination Flashcards
When does jeopardy attach in a jury trial?
When the jury is sworn.
When does jeopardy attach in a bench trial?
When the first witness is sworn.
Exceptions permitting retrial
- jury unable to agree on verdict;
- mistrials for manifest necessity;
- retrial after successful appeal;
- breach of agreed on plea bargain by defendant
Same offense/blockburger test
2 crimes are not the same offense if each requires proof of an additional element the other does not
Privilege against self-incrimination
anyone asked a question under oath in any kind of case, wherein response might tend to incriminate her is entitled to a Fifth Amendment privilege
Does the Fifth Amendment protect citizens from compelled testimony?
Yes.
Does the Fifth Amendment protect citizens from having the government use physical evidence in ways to incriminate them?
No.
Can the prosecution compel a person to produce a blood sample?
Yes.
Can the prosecution compel a person to produce a handwriting sample?
Yes.
Can the prosecution compel a person to produce a voice sample?
Yes.
Can the prosecution compel a person to produce a hair sample?
Yes.
Is it constitutionally valid to take a DNA cheek swab after an arrest for a serious crime?
Yes.
Does the Fifth Amendment protect against being compelled to communicate information?
Yes.
Is it constitutional for the prosecutor to make a negative comment on the defendant’s failure to testify or on a defendant choosing to remain silent after being given the Miranda warnings?
No.
Can the prosecutor comment on the defendant’s failure to take the stand when the comment is in response to defense counsel’s assertion that the defendant was not allowed to explain his side of the story?
Yes.
