Define the Blockburger rule. Identify and explain the four situations in which double jeopardy protection does not apply
What will be an ideal response?
An offense is considered the "same offense" for purposes of double jeopardy if two separate statutes that define the offense both contain the same elements. Conduct Committed after the First Prosecution:Double jeopardy does not apply if the second prosecution is based on conduct committed after the first prosecution;Defendant Responsible for the Second Prosecution:If the defendant is responsible for the second prosecution, double jeopardy does not apply;Court Hearing the First Offense Lacks Jurisdiction: Double jeopardy does not apply when the court hearing the first offense lacks jurisdiction to try the second offense;Defense Plea Bargains over the Prosecution's Objection:If the defense plea bargains over the prosecution's objection, double jeopardy protections do not apply.
You might also like to view...
1. Define the term remedy, and distinguish between two types of remedies
What will be an ideal response?
A police squad has a fixed size of 11 officers, including the leader
Indicate whether the statement is true or false
What additional requirements (beyond the usual Fourth Amendment requirements) must be met for authorities to conduct electronic surveillance?
What will be an ideal response?
The quality of secondary data analysis rests on:
a. The quality of the primary analysis b. The generalizability of the secondary data c. The causal validity of the primary conclusions d. The quality of the primary data