Clause Overtime
Supreme Court Cases
Example Cases
100
nor shall any person be subject for the same offence to be twice put in _____ of life or limb
Jeopardy
100
United States V Perez states that double jeopardy does not protect against when there is a ________
Mistrial
100
If a person were to be tried for robbing a convenience store and be charged for the crime, can they be tried once again for the same offense?
No
200
What amendment allowed parts of the bill of rights, including double jeopardy, to be applicable to states?
14th Ammendment
200
Blockburger v United States created the blockburger test. This tests if the double jeopardy charge can be used based in the statutes that are standing against the defendant. What is it testing?
If the crimes are too similar
200
If you are tried for a crime in a state government, can you be retried for the same crime in the federal government?
No
300
Who is protected by the clause?
The people
300
In United States v Broce it was decided that when you take a ____ ____ ____ it would remove your rights to double jeopardy
Plea Bargain Deal
300
If a president is put on an impeachment trial for a crime, can they be charged again in a criminal court?
Yes, impeachment is excluded from the double jeopardy clause as an impeachment trial is just to push an official out of office, in a criminal court they would be actually tried for their crimes.
400
What allowed O.J. Simpson to be tried and found not guilty in a criminal case but later found guilty in a civil case?
The distinction between being tried for a criminal and civil case.
400
In the constitution, what does James Madison write that is the subject of Harry Aleman vs. Judges of the Criminal Division, which makes it so that because the judge was bribed, they were allowed a second trial?
In Good Behavior
400
Can a person be tried and charged for aggravated assault and murder of the same person?
No, only murder would stand.
500
This is James Madison's original writing of the double jeopardy clause.
What does this say?
No person shall be subject, except in case of impeachment, to more than one trial or one punishment for the same offense.
500
Palko v Connecticut originally decided that double jeopardy did not apply to states. Why?
It was considered not a fundamental right by the court and in turn could not be incorporated with the due process clause.
500
If someone is held in contempt based on an illegal substance can they be tried for being in possession of the substance?
No, because you would be tried for essentially the same crime twice.