Please help with this Law question:
If a criminal defendant goes to trial but the case ends with a hung jury, can the government retry the defendant on the same charges? Why or why not?
A. No. The double jeopardy clause prohibits it.
B. No. The double jeopardy and due process clauses prohibit it.
C. It depends on whether the alleged crime is a felony or a misdemeanor.
D. Yes, because the jury did not make a finding of fact on the charges.
My book is so confusing cause it mentions 3 of the above.
Well, doesn't it depend on what the person was being tried for? Not all crimes are subject to the double-jeopardy rule, are they?
Read, read, read ...
http://www.google.com/search?q=when+can+case+be+retried+after+hung+jury&oq=when+can+case+be+retried+after+hung+jury&aqs=chrome..69i57.8977j0j7&sourceid=chrome&es_sm=122&ie=UTF-8
its not B
The correct answer to the question is D. Yes, because the jury did not make a finding of fact on the charges.
When a criminal defendant goes to trial and the case results in a hung jury, it means that the jury was unable to reach a unanimous verdict. In such a situation, the government is generally allowed to retry the defendant on the same charges. This is because the double jeopardy clause, which protects individuals from being subject to multiple prosecutions for the same offense, is not considered to be violated in cases of hung juries.
The principle behind this is that since the jury did not reach a verdict, it did not make a final determination on the merits of the case. Therefore, the government can proceed with a retrial in the hopes of obtaining a unanimous verdict. However, it's worth noting that the decision to retry a defendant after a hung jury is at the discretion of the prosecutor.
When a criminal defendant goes to trial but the case ends with a hung jury, it means that the jury was unable to reach a unanimous verdict or a majority decision. In such a situation, the government does have the option to retry the defendant on the same charges.
The correct option among the ones provided is D. Yes, because the jury did not make a finding of fact on the charges. The reasoning behind this is that a hung jury does not result in an acquittal or conviction of the defendant. Since there was no final decision made by the jury, the double jeopardy clause, which prohibits being tried for the same offense twice, does not apply.
Option A, "No. The double jeopardy clause prohibits it," is incorrect because the double jeopardy clause does not prohibit retrial in the case of a hung jury.
Option B, "No. The double jeopardy and due process clauses prohibit it," is also incorrect. Although the due process clause ensures that an individual receives a fair trial, it does not prohibit the government from retrying a defendant after a hung jury.
Option C, "It depends on whether the alleged crime is a felony or a misdemeanor," is not accurate. The decision to retry a defendant after a hung jury is not determined solely by the classification of the alleged crime. It is instead determined by the discretion of the government and the circumstances of the case.
It's important to remember that legal concepts can be complex and vary depending on the jurisdiction. Consulting with a legal professional or referring to specific legal statutes and case law might be necessary for a comprehensive understanding of the law in a particular context.