General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf there's a hung jury
Retry him until there isnt. Aint no NY jury gonna vote to acquit him so it aint double jeopardy. Ill contribute to any fund required so I dont wanna hear about the cost.
Chainfire
(17,644 posts)hlthe2b
(102,379 posts)ChoppinBroccoli
(3,784 posts)A hung jury is an INABILITY to come to a decision, therefore no result. The Prosecutor is free to retry the case as many times as he/she wants in order to get a decision. If this happens, I would re-indict the very next day. Don't let that fucker BREATHE.
brooklynite
(94,745 posts)There's a budget for the District Attorney's office.
PCIntern
(25,592 posts)Patterson
(1,531 posts)mopinko
(70,239 posts)failure to deliberate is grounds for removal.
unless theyve burned all 6 alternates, not gonna happen.
DemocraticPatriot
(4,427 posts)Yes, NY would be totally free to retry the case--- if they wish.
Only an aquittal would save him.
(In many innocuous cases, a 'hung jury' would likely resort in the DA giving up---
but this is not 'just any case' )
rubbersole
(6,730 posts)...I've got your hung jury right here.
Silent Type
(2,975 posts)In any event, it would be years before another trial. All speculation.
Celerity
(43,545 posts)https://fija.org/library-and-resources/library/jury-nullification-faq/what-happens-if-there-is-a-hung-jury.html
snip
According to law professor Janet Findlater,
But that is no longer the Courts view. Findlater continues:
Reference: Janet E. Findlater, Retrial after a Hung Jury: The Double Jeopardy Problem, 129 U. Pa. L. Rev. 701 (1981).
It is questionable whether or not retrial after a hung jury is Constitutional. Nonetheless, in the United States today, it is generally permitted. If a mistrial occurs due to a hung jury, the prosecutor may decide to retry the case. A judge may decide to disallow this in some cases, but the prosecutor is usually allowed to proceed. Because the case can be retried, a hung jury caused by one or more conscientious objectors to the law who voted not guilty even though they believed the law was broken does not constitute jury nullification in the strictest sense of the term. The law can be said to be nullified in the trial at hand, but it is not nullified in the case altogether. However, many people colloquially use the term jury nullification to encompass this type of scenario.
Functionally, a hung jury is far better for the defendant than a conviction. Undoing a conviction is very difficult. An appeal is not guaranteed in the first place. It may not be legally permitted, the defendant may no longer have the financial resources to mount an appeal, etc. Even when a defendant is able to appeal a conviction, that individual no longer enjoys the presumption of innocence. If a jurors belief is that a guilty verdict would be unjust, it is important for them not to cave in to the majority view for the sake of consensus, even though they may experience psychological discomfort in standing alone or in the minority.
snip
Btw, a hung jury results in a mistrial, just to be clear on terminology
Polybius
(15,494 posts)I'm assuming it would have to take place after the election.