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.
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