In a case with two Informations, one for Reckless Imprudence Resulting in Homicide and Damage to Property and another for Reckless Imprudence Resulting in Slight Physical Injuries, the defendant pleads guilty to the latter and is punished; later the homicide case goes to arraignment. Should double jeopardy bar the homicide prosecution?

In a case with two Informations, one for Reckless Imprudence Resulting in Homicide and Damage to Property and another for Reckless Imprudence Resulting in Slight Physical Injuries, the defendant pleads guilty to the latter and is punished; later the homicide case goes to arraignment. Should double jeopardy bar the homicide prosecution?

• A. Yes, absolutely
• B. No, double jeopardy does not apply to separate counts
• C. Only if the same facts support both offenses
• D. Double jeopardy applies only to punishments, not to charges

Answer: (A)

Double jeopardy protects a defendant from being tried or punished twice for the same act. When two offenses arise from the same incident, and the facts would support both, jeopardy attaches on the first conviction or plea and bars a subsequent prosecution for the other related offense. In this case, the two informations come from the same act of reckless imprudence. That single conduct produced both homicide (death) and, in the same event, damage to property and slight physical injuries. Since the homicide prosecution would rest on the same underlying conduct already addressed by the plea to the lesser offense, pursuing it would subject the defendant to punishment for the same act twice. Therefore, the homicide case cannot proceed.

Double jeopardy protects a defendant from being tried or punished twice for the same act. When two offenses arise from the same incident, and the facts would support both, jeopardy attaches on the first conviction or plea and bars a subsequent prosecution for the other related offense.

In this case, the two informations come from the same act of reckless imprudence. That single conduct produced both homicide (death) and, in the same event, damage to property and slight physical injuries. Since the homicide prosecution would rest on the same underlying conduct already addressed by the plea to the lesser offense, pursuing it would subject the defendant to punishment for the same act twice. Therefore, the homicide case cannot proceed.