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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 th Amendment.

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fifth amendment guarantees against double jeopardy
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 th amendment
Language of 5th Amendment
  • 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
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 permission, drives it for a week, and returns it to victim.

Defendant pleads guilty to the offense of joyriding.

Subsequently, prosecutor seeks to charge defendant w/ auto theft.

For double jeopardy purposes, joyriding and car theft are the same offense. Joyriding is a lesser included offense of car theft, the only difference being an intent to permanently deprive owner of car (steal) that must be proven in the latter, but not the former.

See Brown v. Ohio (1977)

Note: No new facts required to be proven here

Defendant is convicted of assault and battery.

However, victim later dies from complications stemming from the earlier assault and battery.

Prosecutor charges defendant w/ manslaughter for the same incident that lead to earlier conviction.

This subsequent prosecution and conviction would not violate double jeopardy because the two crimes have different factual elements.

Manslaughter doesn’t require that you prove all of the factual elements of Assault & Battery.

See Diaz v. U.S. (1912)

Note: New evidence now; additional facts are proven after 1st prosecution

“Same Offense” Examples
basic rules of double jeopardy
Basic Rules of Double Jeopardy
  • Appeals
  • Dual or Separate Sovereignty Doctrine
  • Collateral Estoppel – Ashe v. Swenson (1969)
basic rules of double jeopardy1
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)