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WHAT IS DOUBLE JEOPARDY AND WHEN DOES IT ATTACH?

ESTEBAN MARTINEZ, PETITIONER v. ILLINOIS
on petition for writ of certiorari to the supreme court of illinois
No. 13–5967. Decided May 27, 2014
 
The trial of Esteban Martinez was set to begin on May 17, 2010.  His counsel was ready; the State was not.  When the court swore in the jury and invited the State to present its first witness, the State declined to present any evidence.  So Martinez moved for a directed not-guilty verdict, and the court granted it.  The State appealed, arguing that the trial court should have granted its motion for a continuance.  The question is whether the Double Jeopardy Clause bars the State’s attempt to appeal in the hope of subjecting Martinez to a new trial.
 
The Illinois Supreme Court manifestly erred in allowing the State’s appeal, on the theory that jeopardy never attached because Martinez “was never at risk of conviction.” 2013 IL 113475, ¶39, 990 N. E. 2d 215, 224.  Our cases have repeatedly stated the bright-line rule that “jeopardy attaches when the jury is empaneled and sworn.” Crist v. Bretz, 437 U. S. 28, (1978) ; see infra, at 6.
 
There is simply no doubt that Martinez was subjected to jeopardy. And because the trial court found the State’s evidence insufficient to sustain a conviction, there is equally no doubt that Martinez may not be retried.
 
We therefore grant Martinez’s petition for certiorari and reverse the judgment of the Illinois Supreme Court.

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JEONG CHUN PHUOC on Wednesday, May 13, 2015 10:02 PM
"Protection Against Double Jeopardy" (Civil law and Syariah Law: A Comparative Insight) 9 May 2015 @ 4:32 PM. NST. THE criminal justice system is a system designed by Parliament to execute justice after sentencing of an offender/convict by the courts. It is a system that is constantly under extreme constraints due to unreasonable bias and expectations of evolving public perception towards offenders in jail and former convicts. Malaysian mathematics scholar Nur Fitri Azmeer Nordin is now serving an 18-month jail-sentence for possession of child pornography material in Britain. His prosecution and sentencing were rather swift. The media’s harsh spotlight on him did little to portray the humane side of criminal justice philosophy and the image of Malaysian intellectual base. FIRST, he had admitted to the offence and thereby saved the British court considerable costs, manpower and time if he had claimed trial. This is the first indication of remorse realisation, and, SECOND, there must not be double treatment of offenders who are serving or who have served time in jail in another jurisdiction (including at home country). The Federal Constitution protects offenders from “double jeopardy” in a sense that an offender who has served his sentence will become a free man and assumes once again the status of innocent until proven guilty. No doubts must be cast upon him once he returns to free society for a second chance. Even under syariah law, the public must treat an offender with due respect and decorum in order to promote criminal justice reformation. This is evident under syariah criminal law comprising hudud, takzir and qisas offences as practised by Prophet Muhammad in Madinah and Mecca. Furthermore, both common law criminal justice and syariah criminal justice seek similar objectives to reform offenders; but if society continues to paint offenders with the darkest hues, a progressive moderate society can never be developed in the context of a wider multicultural society. Jeong Chun Phuoc, Kuala Lumpur Advocate in Big Compliance he may be reached at jeongchunphuoc@gmail.com (source: http://www.nst.com.my/node/83679) **The views expressed by the writer is his personal view only.
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So Martinez moved for a directed not-guilty verdict, and the court granted it. The State appealed, arguing that the trial court should have granted its motion for a continuance.
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