MBE Rules · Criminal Procedure
Double jeopardy
The rule
Bars (1) retrial after acquittal, (2) retrial after conviction (unless reversed on appeal for trial error, not insufficient evidence), (3) multiple punishments for the same offense. "Same offense" = same elements (Blockburger). Dual sovereignty allows separate state and federal prosecutions.
In plain English
Double jeopardy means you can't be tried twice for the same crime once you've been found not guilty or guilty, with some exceptions for appeals or different governments prosecuting.
Worked example
After being acquitted of theft in state court, the defendant can't be retried for that theft in the same state. However, if new evidence emerges, federal authorities could prosecute for a related federal offense.
Memory hook
Double Jeopardy: No Double Dipping. Once acquitted or convicted, no repeat trials for the same crime. Exceptions for appeals and dual sovereignty.
The trap
Students think: Any retrial is barred. Wrong, because appeals can lead to retrial if due to trial error. The actual test is if the appeal was for trial error, not insufficient evidence.
How examiners test it
Test setup: defendant acquitted in state court, then charged federally. Trap: students assume double jeopardy applies. Correct answer: dual sovereignty allows federal trial.
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