Explain the protections from Double Jeopardy and give examples.
What will be an ideal response?
Under the Fifth Amendment's protection from double jeopardy, a person cannot be
tried twice for the same act. "All the charges against a defendant that grow out of a single
criminal act, occurrence, episode, or transaction" must be tried at the same time.
However, there are some exceptions. The government can retry the case when the jury is
deadlocked and cannot render a verdict; an appellate court orders a retrial because of an error in
an earlier trial; and occasionally when state and federal crimes were committed. Only in cases
that would create a manifest injustice if the defendant were allowed to go free does the federal
government prosecute an individual who has already been tried and convicted or acquitted of an
act that is a state crime and a federal crime. Additionally, when a defendant originally sentenced
to life in prison wins a new trial on appeal, prosecutors may seek the death penalty during the
second trail.
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Answer the following statement true (T) or false (F)
In regard to presentation of the issue in a court brief, state the:
A. law component persuasively. B. issue component persuasively. C. fact component objectively. D. fact component persuasively. E. a, b, and c. F. a, b, and d.
?A charge or written accusation, issued by a grand jury, that probable cause exists to believe that a named person has committed a crime is called which of the following?
A. ?An information B. ?A citation C. ?An indictment D. ?A complaint
A form of ownership of real property where private ownership of one's individual unit is coupled with shared ownership of the common areas is a(n):
a. Common area community b. Common community c. Common interest community d. Common law community