Termination Without Acquittal or Conviction
Mistrials do not bar another action
Sommerville – case of the lazy P; P had faulty indictment, mistrial, files a new one, D found guilty; held no DJ
mistrial must be dictated by “manifest necessity”, “ends of public justice”… then no DJ
the closer to verdict, the more manifest necessity required to mistrial; if mistrial early on (ex. right after jury selection) easy to find manifest necessity
mistrial has to be over D’s objection
if D moves for mistrial, almost never violation of DJ even if reason is something P has done
P goads D into moving for mistrial … P has to act in bad faith to be a problem (very rare)
Jury Deliberation – D’s interest in proceeding at its zenith; if jury deadlocked, judge tells to try harder; goal is to not declare mistrial; ask D if they want mistrial so judge not have to worry about reversal
Mistrial to make an airplane home – not manifest necessity; so the D walked!
Allen Charge – statement to jury to deliberate, but if you are the holdout consider if you’re being obstinate; “dynamite charge”; after Allen Charge, tend to end up with convictions more than acquittals
Dismissals and Similar Matters
If trial aborted because judge rules insufficient evidence, the end … its over (no matter how wrong the judge may be).
If trial stopped because of something else, then government may appeal the decision and retry D.
Scott – defendant elected to seek termination of the trial on grounds unrelated to guilt or innocence, and government was willing to continue; held: no DJ
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