Double Jeopardy Flashcards
1
Q
What amendment prohibits double jeopardy?
A
5th A. applied to states via 14th A.
2
Q
When does double jeopardy attach?
A
Trial: when just sworn in
Bench trial: when 1st witness sworn
Juvi: when proceeding begin
3
Q
What does double jeopardy mean?
A
Person cannot be retried for the same offense.
4
Q
Exceptions (when a person may be tried for same offense)
A
Hung jury
Mistrial
Retrial after successful appeal
5
Q
Blockburger Test
A
Test to determine if 2 crimes are the same for the purpose of double jeopardy.
-If one crime has elements that the other crime does not
6
Q
Exception to Blockburger Test
A
Multiple punishments may be imposed for same conduct if :
- Offenses are intended by the legislature to carry separate punishments
- AND punishments imposed at single trial
