Right to be Free of Double Jeopardy
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether the defendant’s right to be free of double jeopardy for the same offense is at risk of being violated.
Analysis
R: A criminal defendant is protected from double jeopardy under the Fifth Amendment, which prohibits prosecution for the same offense after acquittal or conviction, and multiple punishments for the same offense. To establish a violation of double jeopardy, the defendant must demonstrate that (1) jeopardy attached in the prior proceeding, (2) the present charges are for the same offense as the previous charges, and (3) jeopardy terminated in the previous trial.
1. Jeopardy must have attached to the previous proceeding
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Conclusion
C: Therefore, since the defendant [has/has not] established all elements of double jeopardy, the defendant’s right to be free of double jeopardy for the same offense [is/is not] at risk of being violated.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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