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Understanding the Constitution

In this chapter, explore the concept of double jeopardy, its application in high-profile cases like O.J. Simpson's trial, and the exceptions to its protection. Learn about the Fifth Amendment's role, civil versus criminal trials, different criminal elements within a single act, conspiracy, state and federal levels, multiple crimes within a single trial, and the limitations on correcting court errors. Gain a comprehensive understanding of the complexities of double jeopardy.

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Understanding the Constitution

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  1. Understanding the Constitution Chapter 10 Double Jeopardy

  2. Chapter Objectives In this chapter you will learn . . . • Why O.J. Simpson was tried twice for the same act • Whether prosecutors get a second chance to correct their mistakes • Whether new trials may be ordered to remedy court errors • What constitutes “same offense” • Underlying sentiment in the double jeopardy debate

  3. The Fifth Amendment and Double Jeopardy • “Nor shall any person be subject to the same offense to be twice put in jeopardy of life or limb.” • Does that mean you cannot be put on trial twice for the same act?

  4. The “Trial of the Century” • O.J. Simpson was found not guilty of murder. • 2 years later, he had to pay over $33 million in damages for the same act. • Double jeopardy does not mean that a person cannot possibly stand trial for the same offense under any circumstances. • There are some exceptions.

  5. Civil Versus Criminal Trial • Simpson’s first trial was a criminal trial. • His second trial was a civil trial. • Double jeopardy does not apply when a person is tried for a different offense, even if it is based on the same act.

  6. Different Criminal Elements Within a Single Act • Blockburger v. United States, 1932 • Is each act a different offense, even is they are the same type of thing? • A person can be convicted for separate elements of a crime that were committed within a single act. • So double jeopardy bars prosecution for the same offense, not for the same conduct.

  7. Conspiracy • Conspiracy is not protected by double jeopardy. • An offense and its conspiracy are two distinct offenses. • United States v. Felix, 1992

  8. State and Federal Levels • Does double jeopardy extend to state laws? • Benton v. Maryland, 1969 • The Supreme Court held that double jeopardy does apply to state laws.

  9. Multiple Crimes Within a Single Trial • Missouri v. Hunter, 1983 • Regardless of the cumulative sentencing based on more than one crime having been committed, the appellant was subjected to a single trial. • Double jeopardy relates to number of trials, not conviction on another crime within the same trial.

  10. No Second Chance for Court’s Mistake • Prosecutors only get one chance to things right. • The same standard applies to courts. • Only defendants can appeal. • Fong Foo v. United States, 1962 • The Supreme Court upheld in Smith v. Massachusetts, 2005 that judge’s cannot reverse in the middle of a trial.

  11. Defining Double Jeopardy • Subjecting a person to an offense for which he or she has already been acquitted. • Not quite the same as you cannot be placed on trial twice for the same act.

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