This topic contains a solution. Click here to go to the answer

Author Question: When does double-jeopardy protection apply? What will be an ideal ... (Read 61 times)

daltonest1984

  • Hero Member
  • *****
  • Posts: 536
When does double-jeopardy protection apply?
 
  What will be an ideal response?

Question 2

What is the same offense for double-jeopardy purposes?
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

sarahccccc

  • Sr. Member
  • ****
  • Posts: 318
Answer to Question 1

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 does not apply, however, to prosecutions brought by separate sovereigns.

Answer to Question 2

A rather complicated issue in double-jeopardy jurisprudence concerns the definition of same offense. In Blockburger v. United States, 284 U.S. 299 (1932), the Supreme Court stated that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each requires proof of an additional fact which the other does not.




daltonest1984

  • Member
  • Posts: 536
Reply 2 on: Aug 17, 2018
Thanks for the timely response, appreciate it


meow1234

  • Member
  • Posts: 333
Reply 3 on: Yesterday
Wow, this really help

 

Did you know?

About 3% of all pregnant women will give birth to twins, which is an increase in rate of nearly 60% since the early 1980s.

Did you know?

More than nineteen million Americans carry the factor V gene that causes blood clots, pulmonary embolism, and heart disease.

Did you know?

Atropine, along with scopolamine and hyoscyamine, is found in the Datura stramonium plant, which gives hallucinogenic effects and is also known as locoweed.

Did you know?

Amoebae are the simplest type of protozoans, and are characterized by a feeding and dividing trophozoite stage that moves by temporary extensions called pseudopodia or false feet.

Did you know?

Anti-aging claims should not ever be believed. There is no supplement, medication, or any other substance that has been proven to slow or stop the aging process.

For a complete list of videos, visit our video library