Post-Trial Considerations Flashcards
(2 cards)
1
Q
Double Jeopardy
A
The Fifth Amendment protection against double jeopardy applies to the federal government. It has been incorporated by the Due Process Clause of the Fourteenth Amendment, and consequently, it also applies to the states.
2
Q
Convictions
A
Convicted defendants may attack their convictions, even if the appeal was unsuccessful or not available, by challenging the lawfulness of the detention under a writ of habeas corpus. A writ of habeas corpus proceeding is civil in nature. Therefore, the “beyond a reasonable doubt” standard is not applicable. The petitioner must demonstrate only the unlawfulness of the detention by a preponderance of the evidence.
