The first jury found her not guilty of first degree but deadlocked on the lesser includeds. According to this law school lecture, she can't be retried:
The term "double jeopardy" refers to the "danger" of a second punishment whenever an individual is brought to trial again for the same crime (or a greater or lesser included crime). This means that there cannot be a second prosecution for the same criminal act (both in fact and in law) upon which a first prosecution was based. The accused must be released and the case dismissed. The challenge is determining what constitutes the "same" crime for double jeopardy purposes. Some of the simpler examples include:
an acquittal or conviction for murder will bar any prosecution for manslaughter if based on the same facts (lesser included example)
an acquittal or conviction for larceny-theft will bar any prosecution for robbery if based on the same facts (greater included example)
an acquittal or conviction for burglary will bar any prosecution for robbery (even if the burglar woke up the sleeping couple and robbed them) unless there are distinct elements in one crime that are not included in the other (multiple criminal transaction example)
an acquittal or conviction for R.I.C.O. will bar any prosecution for conspiracy or attempted R.I.C.O. (continuing crime example)
an acquittal or conviction for battery will not bar any later prosecution for murder if the victims later dies as a result of injuries (separate and distinct new crime example)
>>>>an acquittal or conviction for murder will bar any prosecution for manslaughter if based on the same facts (lesser included example)
That would be true if she had only been tried for murder the first time, and had been aquitted of all charges. What you guys fail to understand is that the first trial is technically not a full aquittal, due to the other charges that had a hung jury.
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