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13 Cards in this Set
- Front
- Back
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What does DJC of 5A bar?
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Prosecuting or punishing someone twice for a single offense
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What are the three scenarios in which the DJC might bar action?
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1. D acquitted and gov't tries to prosecute again for same crime.
2. D convicted and gov't tries to punish again for same crime 3. Gov't tries to punish D twice for same crime in same proceeding |
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What is a jury acquittal?
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Where jury returns not guilty verdict
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Can gov't charge again after jury acquittal?
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No--gov't can't charge again, can't appeal. D could confess to crime walking out, and couldn't be touched. In US criminal system, no such thing as an unlawful acquittal.
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What about bench trial acquittals?
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Treated same way as jury acquittals
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When does possibility of double jeopardy begin?
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--In trial case, one jury has been sown and impaneled
--In plea case, once guilty plea has been accepted by the court |
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When does an acquittal occur?
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Juries--once verdict is read
Judge--statement of acquittal must be clear, but can happen at any time |
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SMITH v MASSACHUSETTS: Holding
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Judge acquits D of one of the charges mid-trial, this counts as acquittal for DJC purposes
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What tests are used to determine whether trials are for same offense?
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Same elements test
Same conduct test Same evidence test |
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What is the same elements test?
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Established by BLOCKBURGER--where same act or transaction violates 2 distininct statutory provisions, question is whether each provision requires proof of an additional fact which the other does not; if no difference, its DJC
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What are the criticisms of same elements test?
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Criticized as being too simplistic, too narrow--doesn't account for minutiae that distinguishes 1 robbery from another
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HARRIS v OKLAHOMA: Holding
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Where D is convicted of felony murder, D can't be convicted again for underlying felony, since proof of that is lesser included
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What is the same conduct test/ same evidence test?
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Looks beyond statutory elements to actual event/transaction; if D can show that there is reasonable possibility that evidentiary fact used by the factfinder to establish essential elements of one offense may or have been used to establish essential elements of second challenge offense, this is DJC.
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