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11 Cards in this Set

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Once D is place in jeopardy for an offense...?
D can never again be tried for that same offense.
A second prosecution is not barred however if...?
The first prosecution ended before jeopardy attached.
What if there is an acquittal?
Then no second trial is permitted:

1. Any finding that evidence is insufficient made by trial or appellate court is an acquittal
2. Conviction of a lesser included offense is an implied acquittal of charged crime.
Exceptions (5)- when a second trial IS permitted.
1. The first proceeding ended in a mistrial declared for "manifest necessity" (hung jury)
2. The first proceeding ended in mistrial declared on motion of D
3. First trial ended in conviction reversed on appeal because of procedural error.
4. First trial ended in conviction reversed on appeal because verdict was against weight of evidence.
5. Second prosecution is by a different sovereign jurisdiction.
So when is attachment of jeopardy under the federal constitutional law?
Jury trial: when jury is sworn.
Bench trial: when first witness is sworn.
Rule on Successive Prosecution for Different Offenses
Successive prosecutions for different offenses are barred only if one offense is a lesser included offense of the other, because only then are the two offenses the same.
What is the Blockburger Test for determining the "lesser included" nature of different offenses?
Compare elements of the 2 crimes:
1. If each offense contains at least one element not contained in the other, then neither is a lesser included offense of the other and successive prosecutions are permitted.
2. Otherwise one is a lesser included offense of the other and successive prosecutions are barred.
What is the "collateral estoppel" rule?
Acquittal of one offense bars second prosecution for different but related offense if D shows both:
1. The precise factual basis for acquittal in first proceeding, and
2. That fact also controls in second prosecution.
Rule on One Proceeding for Convictions for Several Offenses
1. Convictions for several related offenses in one proceeding are barred only if the legislature did not intend to authorize convictions for all.
2. If one offense is a lesser included offense of another, it is presumed (rebuttably) that the legislature did not intend conviction for both.
Rule on convictions in Separate Sovereignties
Multiple prosecutions and/or convictions permitted if done by separate sovereign governments.
What constitutes separate sovereign governments?
1. State and federal governments.
2. Different States

BUT NOT:
States and city/county!