Crim Pro

Question 1

Does the right to remain silent extend to not incriminating others?

Answer 1

No. The right to remain silent does not include the right to protect others from incrimination.

Question 2

When does jeopardy attach in a jury trial?

Answer 2

In a jury trial, jeopardy attaches when the jury is empaneled and sworn in.

Question 3

What is the Blockburger test for double jeopardy?

Answer 3

The Fifth Amendment right to be free of double jeopardy provides that once jeopardy attaches for an offense, the defendant may not be retried for the same offense. Under the 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. Under this test, a lesser included offense and the greater offense would be considered the “same offense,” because the lesser included offense consists entirely of some, but not all, elements of the greater crime. Hence, under double jeopardy rules, attachment of jeopardy for the greater offense bars retrial for lesser included offenses, and attachment of jeopardy for a lesser included offense generally bars retrial for the greater offense.