New User Special Price Expires in

Let's log you in.

Sign in with Facebook


Don't have a StudySoup account? Create one here!


Create a StudySoup account

Be part of our community, it's free to join!

Sign up with Facebook


Create your account
By creating an account you agree to StudySoup's terms and conditions and privacy policy

Already have a StudySoup account? Login here

Test 101, Week 1 Notes

by: Kathryn Notetaker

Test 101, Week 1 Notes Test 101

Kathryn Notetaker
Minnesota State University, Mankato

Preview These Notes for FREE

Get a free preview of these Notes, just enter your email below.

Unlock Preview
Unlock Preview

Preview these materials now for free

Why put in your email? Get access to more of this material and other relevant free materials for your school

View Preview

About this Document

This is the test upload.
Test Webinar Session
Kathryn Heimer
Class Notes
25 ?




Popular in Test Webinar Session

Popular in Department

This 2 page Class Notes was uploaded by Kathryn Notetaker on Thursday September 15, 2016. The Class Notes belongs to Test 101 at Minnesota State University - Mankato taught by Kathryn Heimer in Fall 2016. Since its upload, it has received 3 views.

Similar to Test 101 at Minnesota State University, Mankato


Reviews for Test 101, Week 1 Notes


Report this Material


What is Karma?


Karma is the currency of StudySoup.

You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!

Date Created: 09/15/16
Double Jeopardy  Prohibits being tried in federal or state court more than once for the same criminal offense  The defendant may plead that they have previously been acquitted or convicted for the same offense History of the Double Jeopardy Rule  Traced back to Greek and Roman times, eventually established in the common law of England  Its purpose is: o To prevent the government from wearing down & falsely convicting innocent citizens o Prevent the negative financial, emotional, & social consequences of repeated prosecutions o Preserve the integrity of final criminal case decisions o Restrict prosecutorial discretion in the charging process o Eliminate judicial discretion to impose multiple punishments for the same offense The Attachment of Jeopardy  In a jury trial, jeopardy attaches when the jury is impaneled and sworn  In a bench trial, jeopardy attaches when the court begins to hear evidence (when the first witness is sworn)  A re-trial after the first-tier trial does not violate Double Jeopardy – this would be a second-tier trial Same Offense  When the same criminal conduct violates more than one statute, offenses are different if each requires proof of an element that the other does not – Blockburger test  Double Jeopardy Clause cannot be used if they have broken the same law twice  A crime that involves multiple victims can be considered a single offense so trying a suspect for separate violations against each victim is a violation of the Double Jeopardy Clause Exceptions to the Double Jeopardy Clause  Separate Sovereignties o Successive prosecutions involving that same alleged criminal conduct is not a violation of the Double Jeopardy Clause if the cases are brought by separate & distinct sovereignties  Petite Policy o Precludes successive federal prosecution based on the same acts unless the matter must involve a substantial federal interest, the prior prosecution has left that interest unresolved & the admissible evidence will probably be sufficient to obtain a conviction for a federal offense  Government Appeal o If the prosecution can produce evidence beyond a reasonable doubt that the judge or jurors were bribed or otherwise coerced into returning a verdict of not guilty, the acquittal can be set aside upon appeal o When the trial judge acts in error or in an arbitrary manner, with the result of depriving the government of the ability to obtain a legitimate criminal conviction  Termination without Acquittal or Conviction o Reprosecution is prohibited when the case is dismissed without legal cause after the trial has begun, the judge has declared a mistrial and dismissed the jury, or the charges have been dismissed in return for the defendant becoming a witness for the state  This only applies when the trial phase has begun  In a preliminary hearing or if an indictment is dismissed they can be tried at a later date  Application in Non-Criminal Proceedings o Double jeopardy is applicable in a civil case if the judgement awarded is remedial or punitive in intent o A juvenile who has been exposed to jeopardy in juvenile court adjudication cannot be retried in adult court on the same charge


Buy Material

Are you sure you want to buy this material for

25 Karma

Buy Material

BOOM! Enjoy Your Free Notes!

We've added these Notes to your profile, click here to view them now.


You're already Subscribed!

Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'

Why people love StudySoup

Bentley McCaw University of Florida

"I was shooting for a perfect 4.0 GPA this semester. Having StudySoup as a study aid was critical to helping me achieve my goal...and I nailed it!"

Amaris Trozzo George Washington University

"I made $350 in just two days after posting my first study guide."

Steve Martinelli UC Los Angeles

"There's no way I would have passed my Organic Chemistry class this semester without the notes and study guides I got from StudySoup."

Parker Thompson 500 Startups

"It's a great way for students to improve their educational experience and it seemed like a product that everybody wants, so all the people participating are winning."

Become an Elite Notetaker and start selling your notes online!

Refund Policy


All subscriptions to StudySoup are paid in full at the time of subscribing. To change your credit card information or to cancel your subscription, go to "Edit Settings". All credit card information will be available there. If you should decide to cancel your subscription, it will continue to be valid until the next payment period, as all payments for the current period were made in advance. For special circumstances, please email


StudySoup has more than 1 million course-specific study resources to help students study smarter. If you’re having trouble finding what you’re looking for, our customer support team can help you find what you need! Feel free to contact them here:

Recurring Subscriptions: If you have canceled your recurring subscription on the day of renewal and have not downloaded any documents, you may request a refund by submitting an email to

Satisfaction Guarantee: If you’re not satisfied with your subscription, you can contact us for further help. Contact must be made within 3 business days of your subscription purchase and your refund request will be subject for review.

Please Note: Refunds can never be provided more than 30 days after the initial purchase date regardless of your activity on the site.