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?

Question

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

Answer 1

No. It is D.

Answer 2

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."

Answer 3

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."