Criminal Procedure Flashcards
1
Q
Double Jeopardy
A
The Fifth Amendment Double Jeopardy Clause provides protection against (i) a second prosecution for the same offense after acquittal; (ii) a second prosecution for the same offense after conviction; and (iii) multiple punishments for the same offense.
However, when jeopardy has attached with respect to a lesser included offense (explained below) prior to the occurrence of an event necessary to establish the greater offense, the defendant may be subsequently tried for the greater offense.
