That’s how a jury trial works. You need all 12 to agree, otherwise it is a hung jury and declared a mistrial. It is then up to the prosecutor to retry the case if they want to.
It isn’t double jeopardy because the trial didn’t come to a decision. If all 12 jury members agreed, one way or another, that is the end of it. At least for that/those counts.
A split decision sounds like a decision to me. The prosecutor failed to convince a jury of the defendant’s guilt. I wonder how many times someone can be tried as long as the prosecutor is able to seat at least one sympathetic juror.
I could understand retrying the case if it was found out one of the jury was on the take, but this sounds exactly like the kind of thing the 5th amendment is supposed to stop.
Oh, we didn’t pick a good enough jury to convict him this time. Let’s try again.
That makes sense, but the 5th amendment doesn’t mention conviction or acquittal.
Seems plain and clear that a retrial is being put in jeopardy a second time. Even my former justification of jury tampering doesn’t seem to hold up to that measure.
That’s how a jury trial works. You need all 12 to agree, otherwise it is a hung jury and declared a mistrial. It is then up to the prosecutor to retry the case if they want to.
It isn’t double jeopardy because the trial didn’t come to a decision. If all 12 jury members agreed, one way or another, that is the end of it. At least for that/those counts.
A split decision sounds like a decision to me. The prosecutor failed to convince a jury of the defendant’s guilt. I wonder how many times someone can be tried as long as the prosecutor is able to seat at least one sympathetic juror.
I could understand retrying the case if it was found out one of the jury was on the take, but this sounds exactly like the kind of thing the 5th amendment is supposed to stop.
Oh, we didn’t pick a good enough jury to convict him this time. Let’s try again.
It has to be unanimous. A split decision is not an acquittal anymore than it’s a conviction.
That makes sense, but the 5th amendment doesn’t mention conviction or acquittal.
Seems plain and clear that a retrial is being put in jeopardy a second time. Even my former justification of jury tampering doesn’t seem to hold up to that measure.
He can appeal based on these grounds.
Rather or not he wins would depend on how reasonable it was for the judge to declare the first mistrial.
Anyway, a mistrial does not apply to the fifth amendment. It’s not double jeopardy if the first trial is declared void.
In other words, a mistrial is not a trial. It’s a dud and everyone is allowed to start again.