Double Jeopardy

The Double Jeopardy Clause of the Fifth Amendment

"No person shall . . . be subject for the same offence to be twice put in jeopardy of life or limb."

Athenian statesman Demosthenes

"The law forbids the same man to be tried twice on the same issue"

Double jeopardy may be shown by which of the following of the same offense?

- Prior acquittal - Prior conviction

Habitual statutes __________.

- restrict judicial discretion - are used for repeat, serious, or violent offenders

Which of the following situations is constitutionally protected by double jeopardy?

A defendant who is being retried in the same court for the same offense after losing an appeal

Double jeopardy

A prosecution of a person twice for the same offense following an acquittal.

The United States Supreme Court has held that the Double Jeopardy Clause protects against successive prosecutions for the same offense after which of the following?

Acquittal

The Fifth Amendment prohibits reexamination of a court-decreed acquittal to the same extent it prohibits reexamination of an acquittal by jury verdict this is so whether the judge's ruling of acquittal comes in as which of the following?

Bench trial

Which clause in the Fifth Amendment provides that no person shall be subject for the same offence to be twice put in jeopardy of life or limb?

Double Jeopardy Clause

The Double Jeopardy Clause is implicated when the accused has actually been placed in jeopardy, and a state of jeopardy attaches when a jury is what?

Empaneled

Character evidence

Evidence of a person's behaviors or characteristics used to prove the person acted consistently with past behavior.

Benton v. Maryland (1969)

It was during this appeal that the Supreme Court ruled that double jeopardy applied to both state and federal prosecution. Enforcement of double jeopardy can also be implied through the incorporation doctrine of the 14th Amendment.

Double Jeopardy Clause is implicated only when the accused has actually been placed in jeopardy. This state of jeopardy attaches during a bench trial, when?

Judge begins to receive evidence.

The United States Supreme Court has held that the Double Jeopardy Clause protects against successive prosecutions for the same offense after acquittal or conviction in which of the following cases?

Monge v. California

The Double Jeopardy Clause protects against which of the following?

Serial prosecutions by the government

North Carolina v. Pearce (1969)

The Double Jeopardy Clause protects against a second prosecution for the same offense and protects against multiple punishments for the same offense based on the fundamental notion that serial prosecutions by the government are abusive

Monge v. California (1998)

The U.S. Supreme Court has held that the Double Jeopardy Clause of the Fifth Amendment protects against multiple prosecutions for the same offense after acquittal or conviction

The common law protection against double jeopardy historically applied only to charges on which a jury had rendered which of the following?

Verdict

The purpose of the Fair Sentencing Act of 2010 was to ____

address racial disparity regarding cocaine offenses

One of the purposes of California's Proposition 36 was to ____

provide treatment options for first-time, simple drug possession offenders