Monday, July 16, 2007

Double Jeopardy

When does double jeopardy apply?

In a criminal trial, jeopardy attaches when the jury is sworn. In a judge trial, jeopardy attaches when the first witness is sworn. If there is no trial, then jeopardy attaches when the court accepts the defendant's plea.

Double jeopardy protection applies if jeopardy previously attached, and more specifically, to a single crime and a single incidence of that crime.

Double jeopardy protection does not apply to grand jury proceedings, to other crimes committed at the same time as the crime to which jeopardy applied, or to other incidences of the same crime that were not previously charged.

Helpful information:
Double Jeopardy
Criminal Trials in Wisconsin