Double jeopardy occurs when, for the same offense, a person is (1) reprosecuted after acquittal, (2) reprosecuted

Question:

• Double jeopardy occurs when, for the same offense, a person is (1) reprosecuted after acquittal, (2) reprosecuted after conviction, or (3) subjected to separate punishments for the same offense.

• Double jeopardy protection applies in all criminal proceedings.

• According to the Blockburger rule, an offense is considered the “same offense” if two separate statutes that define the offense both contain the same elements.

• Double jeopardy protection also extends to sentencing increases.

QUESTIONS:-

1. Summarize the Blockburger rule as it pertains to double jeopardy.
2. Explain the circumstances in which double jeopardy does not apply.

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Criminal Law

ISBN: 9780135777626

3rd Edition

Authors: Jennifer Moore, John Worrall

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