Term
| 5th Amendment: significant for two reasons |
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Definition
1. Forbids double jeopardy
2. Provides prevention against self-incrimination |
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Term
| Double Jeopardy attaches: |
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Definition
1. As soon as jury is sworn in
2. When no jury: as soon as first witness is sworn in. |
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Term
| Double Jeopardy provides 3 Protections |
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Definition
1. Ban against a second prosecution after conviction
2. Ban against 2nd prosecution for same offense after requital
3. Ban against multi-punishment for same offense |
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Term
| Exceptions to Double Jeopardy(2 things) |
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Definition
1. A second trail is permitted when a miss trial
2. An acquittal/conviction of defendant in federal court doesn't protect them from state court. |
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Term
| Mistrials result from: (4 things) |
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Definition
1. hung jury (judge will usually send them back)
2. cases with death or illness of juror
3. Judge gets ill
4. Defend is seriously ill |
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Term
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Definition
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Term
| Defense lawyers like Mistrials because: (2 things) |
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Definition
1. Client not convicted yet
2. additional time usually works to the def's advantage |
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Term
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Definition
The def's first trial ended with a hung jury and declaration of a mistrial. Def argued the double jeopardy should bar a retrial since the evidence in the first trial wasn't strong enough to get a conviction.
**Court: The failure of the jury to find a verdict is a showing of manness and allows the judge to have a retrial. |
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Term
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Definition
| The ends of public justice wouldn't be served by a continuation of the proceedings. |
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Term
| Retrials have been granted in following situations due to manifest necessity: (3 things) |
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Definition
1. When it appears that an impartial verdict of conviction can be reached.
2. When a conviction is reversed on appeal because of obvious judicial error.
3. When prosecution requests a mistrial because of presidential comments in defenses opening statements. |
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