What is double jeopardy law?
Double jeopardy law is one of the fundamental tenets of the American criminal justice system. It is also one of the most misunderstood concepts. See also understanding criminal law concepts.
[Read more…]Why Do Appellate Court Opinions Finish With A Statement That There Was Sufficient Evidence To Convict?
People v. Staple, 2016 IL App (4th) 160061 (December). Episode 317 (Duration 21:49)
This case does a great job of digging down into the very basics of double jeopardy. [Read more…]
Double Jeopardy: Pleading To DUI Misdemeanor Does Not Mean The Felony Will Just Go Away
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People v. Staple, 2016 IL App (4th) 160061 (December). Episode 279 (Duration 8:36)
Defendant plead guilty to misdemeanor DUI, so the trial judge dismissed the felony DUI. [Read more…]
More on Double Jeopardy Definition: Like Everything Else It’s A Balancing Game
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I want to talk more about the double jeopardy definition. In the last show we discussed a case that involved double jeopardy attaching (or not attaching) at sentencing hearing. However, some ideas on this topic didn’t get flushed out. [Read more…]
When Does Double Jeopardy Attach During a Sentencing Hearing?
See People v. Guillen, 2014 IL App (2d) 131216 (November). Episode 040 (Duration 14:29)
The Defendant tried to plead guilty to a misdemeanor DUI, the the judge allowed the state to dismiss the charges so they could indict on felony charges. [Read more…]
Double Jeopardy Does Not Attach On Dismissed Charge
Double jeopardy does not attach on dismissed charge. Defendant’s most serious charge was dismissed in a plea on a lesser charge. Double jeopardy generally attaches on charges one pleads guilty to. [Read more…]