Fifth Amendment Guarantees Against Double Jeopardy

1
Fifth Amendment Guarantees Against Double Jeopardy

• Language
• Defining Same Offense
• Basic Rules of Double Jeopardy
• Appeals
• Dual or Separate Sovereign Doctrine
• Collateral Estoppel

2
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

3
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

4
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 doesnt 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

5
Basic Rules of Double Jeopardy

• Appeals
• Dual or Separate Sovereignty Doctrine
• Collateral Estoppel Ashe v. Swenson (1969)

6
Basic Rules of Double Jeopardy

• Reprosecutions
• After Acquittal
• After Conviction
• After Mistrial
• Mistrial with Defendants consent
• Mistrial over Defendants objection IL v.
  Sommerville (1973)
• Sentencing Witte v. US (1995)