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When is ∆ placed in double jeopardy?
Placed on trial for
- same OFFENSE,
- by the same SOVERIGN
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DOUBLE JEOPARDY
When are two offenses the "same" under
1) MBE
2) NY
1) MBE
- when the ELEMENTS of each are the same
- NOT THE SAME when each crime contains AN ELEMENT THE OTHER DOES NOT
- Greater and "lesser-included" offenses ARE THE "SAME OFFENSE"
2) NY RULE—∆ will be in double jeopardy if charged with any offense arising from ANY SINGLE TRANSACTION on which ∆ WAS PREVIOUSLY TRIED unless (any one of the following)
- offenses have substantially DIFFERENT ELEMENTS, OR
- each offense contains an element NOT in the other AND vindicates DIFFERENT HARMS, OR
- one is for criminal POSSESSION and the other for USE, OR
- each involved HARM to a DIFFERENT VICTIM
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DOUBLE JEOPARDY
Same sovereign?
1) State and federal government?
2) Different states?
3) State and municipalities within them?
1) NOT same
2) NOT same
3) SAME
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DOUBLE JEOPARDY
Exceptions to rule (i.e., may be tried twice for same criminal offense)
- HUNG JURY
- Mistrial for MANIFEST NECESSITY
- SUCCESSFUL APPEAL, unless appeal based on INSUFFICIENCY OF EVIDENCE AT TRIAL
- breach of PLEA AGREEMENT
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