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Author Question: When does double-jeopardy protection apply? What will be an ideal ... (Read 25 times)

daltonest1984

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on: Aug 17, 2018
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?


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sarahccccc

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Reply #1 on: Aug 17, 2018
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

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Reply 2 on: Aug 17, 2018
Thanks for the timely response, appreciate it

31809pancho

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Reply 3 on: Yesterday
:D TYSM

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