Double Jeopardy Only After Verdict
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
- Criminal Law1
Example wrong choices
14620_paul_grand_jury · CRIMINAL_LAW · Choice AGrant the motion, because the dismissal of the first charge on the merits, whether correct or incorrect, bars any further prosecution.
Why it's attractive
It sounds like the strong double-jeopardy rule for acquittals, but the proceeding was not a trial.
Why it's wrong
Treats a preliminary-hearing dismissal as if it were a jeopardy-attached trial acquittal.
Spot it next time
Ask whether the defendant was put to trial before calling the dismissal a double-jeopardy bar.
14620_paul_grand_jury · CRIMINAL_LAW · Choice BGrant the motion, unless the prosecution has evidence that was not presented in the first proceeding.
Why it's attractive
Same witnesses feel unfair, so students invent a new-evidence condition.
Why it's wrong
Invents a new-evidence requirement after a pretrial dismissal.
Spot it next time
Ask whether the answer invented a condition not in the Gold Key.
14620_paul_grand_jury · CRIMINAL_LAW · Choice DDeny the motion, because the protection of the Double Jeopardy Clause does not come into play until there has been a conviction or an acquittal.
Why it's attractive
It reaches the right result and says conviction/acquittal, which sounds like double jeopardy language.
Why it's wrong
Correct result but wrong trigger; double jeopardy can attach before conviction or acquittal.
Spot it next time
Compare C and D: both deny; only C uses no-jeopardy-yet rather than conviction/acquittal as the trigger.
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