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MMLU / A man kidnapped a victim in State A and transported the victim across the state…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A man kidnapped a victim in State A and transported the victim across the state border into State B. These actions violated the kidnapping laws of both states, which are identical. A jury convicted the man in a State A court, but the trial judge gave what prosecutors in State B deemed an unduly lenient sentence. The state prosecutor in State B then commenced a kidnapping case against the man for violating State B's kidnapping statute. The man's lawyer has filed a motion in State B to dismiss the charge based on the double jeopardy protection against a second prosecution for the man's single act of kidnapping. Should the court grant the motion to dismiss?

choices

  1. No, because the double jeopardy protection only prohibits a second prosecution following an acquittal for the same offense.
  2. No, because the man's conduct violated the laws of two different states, and each has the right to enforce its laws. right to enforce its laws.
  3. Yes, because the double jeopardy protection prohibits a second prosecution following a conviction for the same offense.
  4. Yes, because the government is collaterally estopped under the double jeopardy protection from prosecuting a defendant a second time for the same conduct that led to an earlier conviction.

subject

professional_law

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Source and history

task_id
1ee65ea3-2ed6-52d5-bf34-959de3527386
task_key
all--test--1ee65ea3-2ed6-52d5-bf34-959de3527386
task_revision_id
1
config / split
all / test

Official source

initial import