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Double Jeopardy

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Jeopardy Attaches

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Jeopardy attaches when a trial is considered to have begun. In a jury trial, this is usually when the jury is sworn in.

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Separate Sovereigns

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The Separate Sovereigns Doctrine allows different states or a state and the federal government to try a person for the same conduct since they are considered separate entities.

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Prosecution Appeals Not Allowed

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Generally, the prosecution cannot appeal an acquittal due to double jeopardy protections.

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Hung Jury

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A hung jury is an exception to double jeopardy where the jury cannot reach a verdict. The prosecution may choose to retry the case.

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Collateral Estoppel

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Collateral estoppel is a component of double jeopardy which prevents the re-litigation of a fact already determined by a valid and final judgment.

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Multiple Charges for the Same Act

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Double jeopardy does not prevent prosecuting a defendant for multiple charges arising from the same act, provided they are distinct offenses.

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Same Offense

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The same offense provision means trying someone again for the same crime after an acquittal or conviction, which is prohibited by double jeopardy protections.

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Appeal

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After a conviction, a defendant can appeal. If the conviction is overturned on appeal, double jeopardy does not prevent retrial.

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Retrial after a Conviction is Set Aside

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If a conviction is set aside due to errors in the proceedings, the double jeopardy clause does not prohibit retrial.

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Double Jeopardy and Plea Bargaining

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After a plea bargain is accepted by the court, double jeopardy protections generally prevent the defendant from being prosecuted again for the same offense.

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Mistrial

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A mistrial occurs when the trial cannot proceed due to error or impropriety. Double jeopardy does not apply, and the defendant may be retried.

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Acquittal

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An acquittal occurs when a defendant is found not guilty. Under double jeopardy, the defendant cannot be tried again for the same crime after acquittal.

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Prosecutorial Overcharge

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Prosecutorial overcharge is when prosecutors charge a defendant with a higher offense. If the jury acquits the higher charge, the double jeopardy does not protect from retrial on lesser charges.

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Exceptions to Double Jeopardy

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Exceptions to double jeopardy protections include hung juries, mistrials, appeals, and the separate sovereigns doctrine.

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Double Jeopardy Clause

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The Double Jeopardy Clause is part of the Fifth Amendment to the U.S. Constitution, preventing an individual from being prosecuted twice for the same offense.

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