Continuance Mistrial
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
20806_council_oath · CRIMINAL · Choice ANo, because the presiding elder—not the presenter—granted the continuance, and ecclesiastical judicial action cannot trigger double jeopardy protections.
Why it's attractive
Judicial action *can* trigger DJ; the issue is timing, not the actor.
Why it's wrong
Judicial action *can* trigger DJ; the issue is timing, not the actor.
20806_council_oath · CRIMINAL · Choice CYes, because the presenter's motion to continue constituted a mistrial that bars a second hearing once the council members have been seated.
Why it's attractive
A continuance before the oath is not a 'mistrial' because jeopardy hasn't begun.
Why it's wrong
A continuance before the oath is not a 'mistrial' because jeopardy hasn't begun.
20806_council_oath · CRIMINAL · Choice DYes, because the selection of the twelve council members through the selection process initiated the hearing proceedings, thereby attaching jeopardy.
Why it's attractive
Selection is not attachment; the oath is the trigger.
Why it's wrong
Selection is not attachment; the oath is the trigger.
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