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.
im very confused on this Question and i can't seem to find anything. But after reading all the choices i think its B
No. It is D.
Amy, I have a suggestion on the confusing question below about the sixth amendment. There must be a way for you to ask questions or post a response to this on-line course. I'd find the wording to the sixth amendment:
http://www.ratical.org/co-globalize/BillOfRights.html
and send it to the "teacher."
And on the search and seizure question, I recommend you read this:
http://www.nolo.com › … › Search and Seizure Principles
It may not help you answer the quiz question, because the law is not yet completely settled, but explains the concepts very well. And it shows where there are "gray areas."
To answer this question, we need to understand the concept of double jeopardy. Double jeopardy is a legal principle that protects a person from being tried again for the same offense after they have been acquitted or convicted. It is a safeguard against multiple prosecutions, which can subject individuals to harassment and allow the government to continually retry them until it obtains a favorable outcome.
In the context of a hung jury, where the jury is unable to reach a unanimous verdict, the decision on whether the government can retry the defendant depends on the circumstances and the jurisdiction. Generally, the government does have the option to retry the defendant on the same charges in the event of a hung jury.
However, the correct answer to the question is B: No. The double jeopardy and due process clauses prohibit it. While a hung jury does not constitute an acquittal, the principle of double jeopardy prevents the government from making repeated attempts to secure a conviction in the same case. This protection is rooted in the Fifth Amendment of the United States Constitution, which states that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb."
The due process clause, which is found in both the Fifth and Fourteenth Amendments of the Constitution, guarantees fundamental fairness in legal proceedings. It ensures that individuals are not subjected to arbitrary or vindictive prosecutions. Allowing a retrial after a hung jury would violate this principle by subjecting the defendant to the potential for unlimited prosecution, undermining the integrity and fairness of the justice system.
In summary, the correct answer is B: No. The double jeopardy and due process clauses prohibit the government from retrying a defendant on the same charges after a hung jury.