A woman was arrested outside of a house shortly after she had broken in and stolen some jewelry. She was indicted for larceny and later for burglary. She was tried on the larceny indictment and convicted. Thereafter, she was brought to trial on the burglary indictment. Relying on the Double Jeopardy Clause of the Constitution, the woman moves to dismiss the indictment. Should the motion be granted

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Answer 1

Answer:

Yes, the motion should be granted.

Explanation:

Double jeopardy prohibits different prosecutions for the same offense. The woman had already been tried and charged with larceny, which requires the same proof needed to prove burglary.

An example of this in law is if a man were convicted of joyriding, he cannot later be charged with auto theft because to prove joyriding, a prosecutor wouldn't have to prove anything more than what's required to prove auto theft. They are the same crime in these circumstances.

Related Questions

is a written set of instructions that tells a bank how to use money to pay someone.

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[tex]\boxed{A\:check }[/tex] is a written set of instructions that tells a bank how to use money to pay someone.

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Answer:

A check is a written set of instructions that tells a bank how to use money to pay someone.

Isaac lives in a country where when the police accuse someone of criminal behavior, that person is brought into a court. Then, a judge or group of judges determine whether that person is guilty of the crime they are charged with. What is an accurate description of this practice?

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Answer:

This is called a trial. Where the prosecutor tries to prove you guilty, and the defender tries to prove you are not guilty. This is the most common form of being charged for a crime. If you are found innocent you will be let go, but if you are found guilty you will be charged and sentenced.

Cuál es la diferencia entre capacidad y derecho

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Answer:

La principal diferencia entre capacidad y derecho es la siguiente: por un lado, el derecho es la potestad o facultad de ejercer o defender una cierta situación o prerrogativa en forma coactiva, es decir que el estado protege dicha situación o prerrogativa ejercida por el individuo.

A su vez, la capacidad es la posibilidad que tiene dicho individuo de ejercer en forma directa dichos derechos, es decir, de defender sus derechos sin intermediarios.

What states can I legally own a pet bat?

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Answer: Alabama, Nevada, North Carolina, and Wisconsin! A bat in the wild can live up to 30 years while only a few pet bats will make it to a year. Bats need special care, housing, and nutrition. While you should always treat any bat you come into contact with as a wild animal, they are really gentle in nature. They aren't going to bite you to suck your blood. This is why when bats are startled they tend to flock out of that location as swiftly as they can. They don't try to attack humans on their way through.

Explanation: I am pretty sure these are the places you can keep exotic animals such as bats! Have a good day!!!! Hope you get a bat :)))

Answer:

Florida, and that's all I found.

Explanation:

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