Criminal Procedure - Double Jeopardy

Front 1

Definition

Back 1

Intended to prevent undue harassment and expense by getting rid of risk that defendant is placed in jeopardy greater than one time for the same offense

5th Amendment

Front 2

When jeopardy attaches

Back 2

If moving to dismiss based on DJ, must show that you have been in jeopardy for the same offense by the same sovereign previously

1. non-jury: attaches when first witness sworn and court begins to hear evidence

2. jury: when jury impaneled and sworn

if GJ fail to indict or charge dismissed before jeopardy attaches, then no DJ applies

Front 3

Same Offense

Back 3

2 crimes from same transaction are considered the same offense

Two exceptions:
1. does each charge require proof of separate criminal impulse
2. each charge requires proof of separate fact element

Front 4

Separate Sovereignty Doctrine

Back 4

DJ does not prevent dual prosecution by separate sovereigns (federal vs. state)

State vs municipalities doesnt count