How does the double jeopardy clause apply to mistrials?

Question

What will be an ideal response?

Answer 1

Cases in which a trial is cancelled prior to the return of a verdict (i.e., mistrial) may face further adjudication or arbitration by the court. In most cases involving a mistrial, the court will hold a retrial of the same. According to the Fifth Amendment prohibition against double jeopardy, however, mistrials may not result in future criminal proceedings of the same case if: (1) the court's declaration was erroneous; or, (2) the defendant's motion for mistrial was a result of prosecutorial misconduct. Mistrials are most often granted in cases in which: (1) judicial processes were deficient or were violated; (2) evidence was improperly admitted; (3) unfair influence over decision-making might result because of factors external to the courtroom; (4) the court determines that it lacks jurisdiction over a particular case; and (5) jury attrition (whether through illness or death or juror misconduct) occurs. In a similar vein, a hung jury is a jury that becomes unable to reach a verdict with the requisite degree of unanimity, the result of which may be the declaration of a mistrial—and a new trial may be ordered. As a general rule, cases dismissed by a judge because of insufficient evidence are not retried, although some state and federal laws allow for limited pursuit.