Scribd
Upload
90 views6 pages

Fifth Amendment Guarantees Against Double Jeopardy

The Fifth Amendment protects against double jeopardy by prohibiting being tried twice for the same offense. The Supreme Court defines "same offense" using the Blockburger test - whether each offense requires proof of an additional fact. Basic double jeopardy rules bar reprosecution after acquittal or conviction but allow it in some instances of mistrial. Collateral estoppel also prevents relitigating specific factual issues already decided.

Uploaded by

Lee Emphasis
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
90 views6 pages

Fifth Amendment Guarantees Against Double Jeopardy

The Fifth Amendment protects against double jeopardy by prohibiting being tried twice for the same offense. The Supreme Court defines "same offense" using the Blockburger test - whether each offense requires proof of an additional fact. Basic double jeopardy rules bar reprosecution after acquittal or conviction but allow it in some instances of mistrial. Collateral estoppel also prevents relitigating specific factual issues already decided.

Uploaded by

Lee Emphasis
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd

Fifth Amendment Guarantees

Against Double Jeopardy


 Language
 Defining “Same Offense”
 Basic Rules of Double Jeopardy
• Appeals
• Dual or Separate Sovereign Doctrine
• Collateral Estoppel
Language of 5 Amendment
th

 No person shall “be subject for the


same offense to be twice put in
jeopardy of life or limb”
 “In Jeopardy” meaning
 “Of Life or Limb” meaning
Defining “Same Offense”
 Blockburger v. US (1932)
• A single act that violates two laws is the “same
offense” unless each provision requires proof of
additional fact that the other does not
• Two criminal statutes are a single offense if
they have the same elements or if one is a
lesser included offense of the other
 Supreme Court briefly abandons
Blockburger in 1990, in favor of “same
conduct” test, but switches back in 1993
 Examples concerning “same offense”
“Same Offense” Examples
 Defendant takes car w/out  Defendant is convicted of assault
permission, drives it for a week, and and battery.
returns it to victim.  However, victim later dies from
 Defendant pleads guilty to the complications stemming from the
offense of joyriding. earlier assault and battery.
 Subsequently, prosecutor seeks to  Prosecutor charges defendant w/
charge defendant w/ auto theft. manslaughter for the same incident
that lead to earlier conviction.
 For double jeopardy purposes,
joyriding and car theft are the same  This subsequent prosecution and
offense. Joyriding is a lesser conviction would not violate double
included offense of car theft, the jeopardy because the two crimes
only difference being an intent to have different factual elements.
permanently deprive owner of car  Manslaughter doesn’t require that
(steal) that must be proven in the you prove all of the factual elements
latter, but not the former. of Assault & Battery.
 See Brown v. Ohio (1977)  See Diaz v. U.S. (1912)

 Note: No new facts required to be


 Note: New evidence now; additional
proven here facts are proven after 1st
prosecution
Basic Rules of Double Jeopardy
 Appeals
 Dual or Separate Sovereignty
Doctrine
 Collateral Estoppel – Ashe v.
Swenson (1969)
Basic Rules of Double Jeopardy
 Reprosecutions
• After Acquittal
• After Conviction
• After Mistrial
 Mistrial with Defendant’s consent
 Mistrial over Defendant’s objection – IL v.
Sommerville (1973)
• Sentencing – Witte v. US (1995)

You might also like