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>But a hung jury can be retried infinitely A hung jury is just one of the causes of a mistrial; and the net effect of a mistrial is that no verdict is reached.
by NovemberWhiskey 4y ago
>But a hung jury can be retried infinitely
A hung jury is just one of the causes of a mistrial; and the net effect of a mistrial is that no verdict is reached. The common law has no prohibition on retrying a defendant after a mistrial.
- ClumsyPilot 4y agowell the argument is that if the state is so inconpetent that it keeps mistrying an individual, then that's potentially harrasment of an innosent person and can't be allowed
- NovemberWhiskey 4y agoYou get mistrials due to defendant counsel misconduct, or juror misconduct, too.
- salawat 4y agoGiven the role of a jury as ground truth to the legal system, it's rather dangerous to hold that a jury can "misbehave". Jury nullification, as controversial as it is, is an important escape valve and check on the system. Prosecutors and judges just don't like it because it threatens stare decisis.