When is ∆ placed in double jeopardy?
Placed on trial for
- same OFFENSE,
- by the same SOVERIGN
When are two offenses the "same" under
2) NY RULE
- 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"
—∆ 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
1) State and federal government?
2) Different states?
3) State and municipalities within them?
1) NOT same
2) NOT same
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