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0 tracked cards Constitutional Law

At a jury trial for burglary, the jury is sworn and the first witness begins testifying. The judge then declares a mistrial after a juror has a medical emergency and no alternate is available. The defendant objects to any retrial on double jeopardy grounds.
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A state prosecution always bars a later federal prosecution for the same conduct. An acquittal may be appealed by the prosecution and followed by retrial if the judge made a legal error. Jeopardy attaches in a jury trial only after the jury returns a verdict. Jeopardy attaches when the jury is sworn, but retrial may be allowed after a mistrial supported by manifest necessity.

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