Crim Pro: Double Jeopardy

Multiple punishments may be imposed for the same conduct under Blockburger if:

1) the offenses are specifically intended by the legislature to carry separate punishments, and 2) the punishments are imposed at a single trial.

Which of the following does the Double Jeopardy Clause prohibit?

A criminal action against a defendant who has already faced a civil trial under a civil statute that imposed a criminal penalty.

When does jeopardy attach in a jury trial?

At the empaneling and swearing of the jury.

Generally, attachment of jeopardy to a lesser included offense:

Bars retrial for a greater offense.

Which constitutional Amendment provides for a defendant's right to be free of double jeopardy for the same offense?

Fifth Amendment. And has been incorporated into the 14th Amendment.

Generally, attachment of jeopardy to a lesser included offense:

bars retrial for a greater offense.

Attachment of jeopardy on a greater offense:

bars retrial for all lesser included offenses.

A defendant may not be tried for a crime if a prior prosecution resulted in a factual determination inconsistent with one required for conviction, because of __________.

collateral estoppel.

Once jeopardy has attached, a defendant _______ be retried after his successful appeal _____.

may; unless his conviction was reversed based on insufficiency of the evidence.

Once jeopardy has attached, a defendant ________ be retried after his successful appeal ______.

may; unless his conviction was reversed based on insufficiency of the evidence.

The Blockburger test generally

prohibits multiple punishments for the same offense.

The Double Jeopardy Clause only prohibits

repetitive criminal prosecutions.

Imposing cumulative punishments for two offenses that constitute the same crime violates the Double Jeopardy Clause ___________.

unless they are intended to carry separate punishments and are imposed at a single trial.