Ch 6: Post-Trial Considerations

Question 1

What does the Fifth Amendment protection against double jeopardy apply to?

Answer 1

It applies to the federal government and has been incorporated by the Due Process Clause of the Fourteenth Amendment to also apply to the states.

Question 2

What are the three protections provided by the Fifth Amendment Double Jeopardy Clause?

Answer 2

• Protection against a second prosecution for the same offense after acquittal
• Protection against a second prosecution for the same offense after conviction
• Protection against multiple punishments for the same offense.

Question 3

What is the Blockburger test?

Answer 3

A test applied to determine whether two crimes constitute the same offense for double jeopardy, requiring that each crime must prove an element that the other does not.

Question 4

Fill in the blank: Under the Blockburger test, two offenses are considered the same if they have _______.

Answer 4

shared elements.

Question 5

True or False: A defendant who is acquitted of a crime can generally be retried for the same crime.

Answer 5

False.

Question 6

What happens when a defendant is acquitted based on an error of law?

Answer 6

It is nonetheless considered an acquittal for double jeopardy purposes.

Question 7

When does jeopardy attach in a jury trial?

Answer 7

When the jury is empaneled and sworn in.

Question 8

What does the dual-sovereignty doctrine state?

Answer 8

An offense defined by one sovereign is different from an offense defined by another, allowing prosecution under both federal and state law.

Question 9

Fill in the blank: The Double Jeopardy Clause does not preclude _______ and civil penalties for the same conduct.

Answer 9

criminal punishment.

Question 10

What is the rule regarding a defendant’s double-jeopardy rights when entering a guilty plea?

Answer 10

A defendant does not automatically waive double-jeopardy rights by entering a guilty plea.

Question 11

What is required for a retrial after a mistrial?

Answer 11

There must be manifest necessity for declaring a mistrial.

Question 12

What does the Double Jeopardy Clause say about retrials after an appeal?

Answer 12

It generally does not prevent retrial after an appeal based on an error made at trial.

Question 13

What is the impact of a conviction being overturned due to insufficiency of the evidence on retrial?

Answer 13

The Double Jeopardy Clause bars retrial.

Question 14

What does the Double Jeopardy Clause state about a greater sentence upon reconviction?

Answer 14

It generally does not preclude a greater sentence from being imposed upon reconviction.

Question 15

Fill in the blank: The doctrine of collateral estoppel applies when the earlier decision has necessarily determined the _______.

Answer 15

issue.

Question 16

What must be proven for collateral estoppel to apply?

Answer 16

The burden is on the defendant to prove that the jury’s verdict necessarily determined the issue they seek to foreclose.

Question 17

True or False: A jury acquittal on one crime allows retrial on another crime that contains the same element.

Answer 17

False.

Question 18

What does the Double Jeopardy Clause say about juvenile adjudicatory proceedings?

Answer 18

They are considered criminal actions for purposes of the Double Jeopardy Clause.

Question 19

What is the significance of Evans v. Michigan, 568 U.S. 313 (2013)?

Answer 19

Retrial following court-decreed acquittal barred even though the court misconstrued the statute under which the defendant was charged.

Question 20

What does McElrath v. Georgia, 601 U.S. 87 (2024) address?

Answer 20

Details not provided in the text.

Question 21

What was the ruling in Smith v. United States, 599 U.S. 236 (2023)?

Answer 21

Details not provided in the text.

Question 22

What does Denezpi v. United States, 596 US 591 (2022) establish?

Answer 22

Successive federal prosecutions of a defendant under tribal law and in federal court do not violate the Double Jeopardy Clause.

Question 23

What ruling was made in Puerto Rico v. Sánchez Valle, 579 U.S. 59 (2016)?

Answer 23

Puerto Rico is not an independent sovereign from the United States for purposes of the Double Jeopardy Clause.

Question 24

What does Waller v. Florida, 397 U.S. 387 (1970) state?

Answer 24

Municipality’s conviction of a defendant for violation of city ordinance precluded state prosecution for grand larceny.

Question 25

What is the primary focus of the U.S. Constitution regarding appeals?

Answer 25

Neither provides for nor guarantees an individual the right to appeal.

Question 26

What rights are guaranteed to a defendant entitled to a first appeal as of right?

Answer 26

Equal protection and the right to counsel pursuant to the Fifth and Fourteenth Amendments.

Question 27

True or False: An attorney may withdraw if they believe an appeal is frivolous.

Answer 27

True.

Question 28

What must errors generally be to be considered on appeal?

Answer 28

Preserved by a timely objection.

Question 29

What is a 'harmless' error?

Answer 29

An error that does not affect substantial rights.

Question 30

What is the plain-error doctrine?

Answer 30

Allows appellate relief if the district court committed an obvious error affecting substantial rights.

Question 31

What must a petitioner demonstrate in a writ of habeas corpus?

Answer 31

The unlawfulness of the detention by a preponderance of the evidence.

Question 32

Fill in the blank: A defendant may challenge their detention under a _______.

Answer 32

writ of habeas corpus.

Question 33

What is the Brecht test?

Answer 33

Requires a convicted defendant to show that the unlawful detention had a substantial and injurious effect on the verdict.

Question 34

What does the AEDPA test focus on?

Answer 34

Whether the state court's decision was contrary to established law or based on an unreasonable determination of the facts.

Question 35

What must a prisoner show to satisfy AEDPA's requirements?

Answer 35

The desired evidence would demonstrate, by clear and convincing evidence, no reasonable factfinder would have convicted them.

Question 36

What triggers the Sixth Amendment right to counsel during parole revocation?

Answer 36

If a new sentence or a deferred sentence can be imposed.

Question 37

What are the minimum due process requirements for parole violations?

Answer 37

* Access to counsel when necessary for a fair hearing * Preliminary hearing to determine probable cause * Notice of the alleged violation * Final hearing with opportunity to present evidence

Question 38

What does the right to reasonable access to courts entail for prison inmates?

Answer 38

No unreasonable limitations on presenting arguments.

Question 39

True or False: Some states disenfranchise convicted felons.

Answer 39

True.

Question 40

What does the prohibition on voting for felons not violate?

Answer 40

The Fourteenth Amendment.

Question 41

What are the three protections provided by the Fifth Amendment Double Jeopardy Clause?

Answer 41

* Protection against a second prosecution for the same offense after acquittal * Protection against a second prosecution for the same offense after conviction * Protection against multiple punishments for the same offense

Question 42

When do the protections against double jeopardy attach?

Answer 42

When the jury is impaneled and sworn in (for jury trials) or the first witness is sworn in (for bench trials)

Question 43

What is the Blockburger test used for?

Answer 43

To determine whether two or more crimes constitute the same offense for double jeopardy

Question 44

What does the double jeopardy protection not preclude?

Answer 44

* Prosecution of a crime under both federal and state law * Criminal punishment and civil penalties for the same conduct

Question 45

Is the right to appeal guaranteed by the Constitution?

Answer 45

No

Question 46

What rights are guaranteed to a defendant entitled to a first appeal as of right?

Answer 46

* Equal protection * Right to counsel pursuant to the Fifth and Fourteenth Amendments

Question 47

When does an indigent defendant have no right to appointed counsel in a discretionary appeal?

Answer 47

Unless the conviction was based on a guilty plea or a nolo contendere plea

Question 48

What is required for an error to be considered on appeal?

Answer 48

The error must generally be preserved by a timely objection

Question 49

What are the two types of errors that affect appellate relief?

Answer 49

* Harmless error * Plain error

Question 50

Define harmless error.

Answer 50

An error that does not affect substantial rights and is not grounds to reverse a conviction

Question 51

What constitutes a plain error?

Answer 51

When the district court committed an error under the law in effect at the time the appeal is heard and the error affected the defendant’s substantial rights

Question 52

What must be established to determine if a second prosecution involves the same offense?

Answer 52

* Identical elements * All elements of one offense are elements of the other offense

Question 53

What are the possible outcomes of the first prosecution that would prohibit a second prosecution?

Answer 53

* Conviction * Acquittal * Mistrial (with no manifest necessity)

Question 54

How does jeopardy attach in a jury trial?

Answer 54

When the jury is impaneled and sworn

Question 55

How does jeopardy attach in a bench trial?

Answer 55

When the judge begins to hear evidence

Question 56

What can a defendant do after an unsuccessful appeal?

Answer 56

Attack a detention through a writ of habeas corpus

Question 57

What standard applies to a writ of habeas corpus?

Answer 57

The preponderance of the evidence standard

Question 58

What tests does the court apply to determine whether to grant habeas relief?

Answer 58

* Whether the unlawful detention had a substantial and injurious effect or influence on the verdict * Whether the court’s decision was contrary to law or based on an unreasonable determination of the facts