Double Jeopardy - Law Dictionary Search Results
double jeopardy
Matched in: Term double jeopardy
jeopardy
Matched in: Term jeopardy
Jeopardy
Matched in: Term Jeopardy
Keep your definitions linked to case research
former jeopardy
Matched in: Term former jeopardy
dual sovereignty doctrine
sovereign (as a state government and the federal government) may prosecute an individual without violating the prohibition against double jeopardy if the individual's act breaks the laws of each sovereignty
implied acquittal
the greater one NOTE: A greater offense and a lesser included offense are the same offense under a double jeopardy analysis. Therefore, a conviction of a lesser included offense and implied acquittal of the greater offense bars retrial
manifest necessity
necessity for the declaration of a mistrial, the defendant may be retried without violation of the prohibition on double jeopardy.
merger
a statute] [a of convictions] b : the doctrine according to which such offenses must be merged compare double jeopardy NOTE: Merger commonly involves the interpretation of statutes and legislative intent in deciding whether two or more offenses
multiplicity
"W. R. LaFave and J. H. Israel"] compare duplicity, misjoinder NOTE: Multiplicity raises the risk of violating the double jeopardy protection against receiving multiple sentences for a single offense. Multiplicity is a defect that can be corrected without
overreaching
established limits (as of authority or due process) [claimed that by the prosecution barred a retrial because of double jeopardy] 2 : the gaining of an unconscionable advantage over another esp. by unfair or deceptive means [if the
Try the research workspace - 7 days free