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Discharging the Jury

January 1, 2010 by Bdoga 

jury2Suppose a jury fails to agree and is discharged by the judge. Can the accused be tried again before a new jury? Or is he protected by the double jeopardy clause in the Fifth Amendment?Answer: He is tried again. (Since the first trial was never truly completed, the accused was ultimately not in jeopardy.)

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One Response to “Discharging the Jury”

  1. Today on Pyrolitical.com January 1, 2010 | Randall Hinton's Weblog on January 1st, 2010 9:01 pm

    [...] Discharging the Jury Suppose a jury fails to agree and is discharged by the judge. Can the accused be tried again before a new jury? Or is he protected by the double jeopardy clause in the Fifth Amendment?Answer: He is tried again. (Since the first trial was never truly completed, the accused was ultimately not in jeopardy.) [...]

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