Double jeopardy occurs when, for the same offense, a person is (1) reprosecuted after acquittal, (2) reprosecuted
Question:
• Double jeopardy occurs when, for the same offense, a person is (1) reprosecuted after acquittal, (2) reprosecuted after conviction, or (3) subjected to separate punishments for the same offense.
• Double jeopardy protection applies in all criminal proceedings.
• According to the Blockburger rule, an offense is considered the “same offense” if two separate statutes that define the offense both contain the same elements.
• Double jeopardy protection also extends to sentencing increases.
QUESTIONS:-
1. Summarize the Blockburger rule as it pertains to double jeopardy.
2. Explain the circumstances in which double jeopardy does not apply.
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