Which is an exception to double jeopardy?

Which is an exception to double jeopardy?

• A. Different state cases
• B. Mistrials
• C. Civil vs criminal cases
• D. Reverse and remand during appeals

Answer: (B)

When a defendant faces a second prosecution for the same offense, the Double Jeopardy Clause generally blocks it once jeopardy has attached in the first trial. But there are limited cases where retrial is allowed, and the clearest example is a mistrial. If a trial ends without a verdict—such as when the jury is unable to reach one (hung jury) or for other manifest necessity—the jeopardy in that proceeding ends without a conclusive determination, so the government may retry the defendant. That’s the classic exception to double jeopardy. The other options don’t fit this specific exception as cleanly. Prosecutions in different states can proceed because each state is a separate sovereign, so double jeopardy doesn’t bar those prosecutions. Civil cases arising from the same conduct are separate proceedings from criminal cases, so they aren’t governed by the criminal double jeopardy rule. A case that is reversed and remanded on appeal can lead to a new trial, but that outcome comes from appellate procedure rather than the direct exception to jeopardy in the initial trial.

When a defendant faces a second prosecution for the same offense, the Double Jeopardy Clause generally blocks it once jeopardy has attached in the first trial. But there are limited cases where retrial is allowed, and the clearest example is a mistrial. If a trial ends without a verdict—such as when the jury is unable to reach one (hung jury) or for other manifest necessity—the jeopardy in that proceeding ends without a conclusive determination, so the government may retry the defendant. That’s the classic exception to double jeopardy.

The other options don’t fit this specific exception as cleanly. Prosecutions in different states can proceed because each state is a separate sovereign, so double jeopardy doesn’t bar those prosecutions. Civil cases arising from the same conduct are separate proceedings from criminal cases, so they aren’t governed by the criminal double jeopardy rule. A case that is reversed and remanded on appeal can lead to a new trial, but that outcome comes from appellate procedure rather than the direct exception to jeopardy in the initial trial.