Pleading the 5th
What kind of cases does double jeopardy apply to?
criminal cases only.
Blockburger v.s. The United States:
Was the Fifth Amendment cited in the final proceedings?
No! It just set precedent, although not written.
What is the definition of legal jeopardy?
Danger of being on trial for a criminal offense
What is the eligibility for Double Jeopardy Protection?
Protections against re-prosecution for the same crime extend to all felonies, misdemeanors and juvenile delinquency, regardless of the punishment.
Ashe v. Swenson
Ashe assaulted six poker players and was indicted on six counts of armed robbery. In the first trial, Ashe was found not guilty due to “insufficient evidence.” When it came time for the Supreme Court to weigh in, they dismissed all trials afterwards. Why?
Because during the first trial, the jury brought forth the verdict of "not guilty." The state court could not, under the Constitution, bring forth a new jury on the same issue.
When was Double Jeopardy established?
double jeopardy is one of the oldest concepts in western civilization
What does double jeopardy protect against?
Blockburger v.s. The United States:
The defendant was charged with five counts in violation of the Harrison Narcotics Act. Each count represented different, individual sales with the same drug dealers over an extended period of time.
A defendant may be convicted of two offenses arising out of the same criminal incident if each crime contains an element not found in the other. True or False?
True! This is called the 'same elements test' or the 'Blockburger Test.'
Which civilization originated the concept of Double Jeopardy?
The Athenians
What Amendment is Double Jeopardy apart of?
5th Amendment
U.S. v. Perez:
When a hung jury arises during a criminal trial, double jeopardy is allowed. True or False?
Hung Jury: When the jury cannot reach a verdict.
True!
What is the name of the person who established Double Jeopardy
Demosthenes an Athenian Statesman. He stated "law forbids the same man to be tried twice on the same issue"
What does the 5th Amendment say about Double Jeopardy?
“no person shall "be subject for the same offense to be twice put in jeopardy of life or limb."
Gamble v. U.S.:
What does separate sovereignty imply? Does this allow double jeopardy?
Separate Sovereignty is the separation between state and federal courts. Yes!
In which Digest did the Romans codify the principle of Double Jeopardy?
Bonus 100 points for the year in which the principle was codified
The Digest of Justinian in 533 A.D