✓ In the last podcast I did not do a good job of pointing out that had the court found that jeopardy had attached to defendant in the plea hearing the State would have been prevented from proceeding with any type of charge against the Defendant.
✓ Why do we even have a rule against double jeopardy? Why does this rule exist? This question is essentially asking for a double jeopardy definition.
✓ The one thing prosecutors are never allowed to do because it’s inconsistent with the protections against double jeopardy.
✓ Our dirty little secret: So, we say that “jeopardy” has to attach some time before a verdict. Exactly where the line is drawn, in a certain sense, is completely arbitrary. The line just has to be drawn somewhere.
✓ The more you look at double jeopardy concerns the more you’ll find a balancing act.