How does the double jeopardy clause apply to mistrials?
What will be an ideal response?
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.
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A. The End of History, The Clash of Civilizations, Jihad vs. McWorld. B. Islam and the World, The Coming Buddhist-Christian Alliance, The temple Mount Crisis. C. The Shadow of WMD, In the Era of Religious Extremism, The End of Days. D. The Future of Man-Made Calamities, Ecology and Politics: The Lurking Doomsday, Terrorism and the West: The Present and Future.
______ is known for questioning the status quo.
a. Feminist criminology b. Biocriminology c. Postmodern criminology d. Peacemaking criminology
Identify and discuss the five steps of the appeals process in the criminal trial procedure. Notice of appeal: Within a specific period of time, usually between 30 and 90
What will be an ideal response?
American citizens have always had the right to sue police departments for misconduct
a. True b. False Indicate whether the statement is true or false