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Double Jeopardy
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Jeopardy Attaches
Jeopardy attaches when a trial is considered to have begun. In a jury trial, this is usually when the jury is sworn in.
Separate Sovereigns
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.
Prosecution Appeals Not Allowed
Generally, the prosecution cannot appeal an acquittal due to double jeopardy protections.
Hung Jury
A hung jury is an exception to double jeopardy where the jury cannot reach a verdict. The prosecution may choose to retry the case.
Collateral Estoppel
Collateral estoppel is a component of double jeopardy which prevents the re-litigation of a fact already determined by a valid and final judgment.
Multiple Charges for the Same Act
Double jeopardy does not prevent prosecuting a defendant for multiple charges arising from the same act, provided they are distinct offenses.
Same Offense
The same offense provision means trying someone again for the same crime after an acquittal or conviction, which is prohibited by double jeopardy protections.
Appeal
After a conviction, a defendant can appeal. If the conviction is overturned on appeal, double jeopardy does not prevent retrial.
Retrial after a Conviction is Set Aside
If a conviction is set aside due to errors in the proceedings, the double jeopardy clause does not prohibit retrial.
Double Jeopardy and Plea Bargaining
After a plea bargain is accepted by the court, double jeopardy protections generally prevent the defendant from being prosecuted again for the same offense.
Mistrial
A mistrial occurs when the trial cannot proceed due to error or impropriety. Double jeopardy does not apply, and the defendant may be retried.
Acquittal
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.
Prosecutorial Overcharge
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.
Exceptions to Double Jeopardy
Exceptions to double jeopardy protections include hung juries, mistrials, appeals, and the separate sovereigns doctrine.
Double Jeopardy Clause
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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