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To: Publius6961

In a mistrial it is as if the trial had never happened. The case can be retried before another jury. There may be a problem here since the verdict was announced. The question is that since jeopardy had attached and the verdict of acquittal was announced, would a retrial constitute double jeopardy?

Whether the judge has to accept or approve the verdict may be a question also.


13 posted on 10/22/2007 10:46:06 AM PDT by shankbear (Al-Qaeda grew while Monica blew)
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To: shankbear
In a mistrial it is as if the trial had never happened. The case can be retried before another jury. There may be a problem here since the verdict was announced. The question is that since jeopardy had attached and the verdict of acquittal was announced, would a retrial constitute double jeopardy?

There can be no double jeopardy if the first trial never happened.

16 posted on 10/22/2007 10:59:21 AM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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