3 ms·
Sure, maybe. I guess you can argue two things: 1. That outcomes should be binary, i.e. "guilty" or "innocent" with no mistrials. 2. That outcomes should be de
by md_ 4y ago
Sure, maybe. I guess you can argue two things:
1. That outcomes should be binary, i.e. "guilty" or "innocent" with no mistrials.
2. That outcomes should be decided by unanimous, supermajority, majority, or some other arrangements.
I don't think either of those arguments are especially fundamental. My point was only that it's a bit hyperbolic to view the whole hung jury rule as some sort of Bill of Rights violation.
- jjoonathan 4y agoThe high bar for acquittal is what makes the hung jury rule look like a Double Jeopardy problem.