Asked by Pat
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.
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.
Answers
Answered by
Writeacher
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
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
Answered by
Anonymous
its not B
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