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re: Judge Declares Mistrial In Clemens Trial

Posted on 7/14/11 at 11:32 am to
Posted by barry
Location, Location, Location
Member since Aug 2006
50369 posts
Posted on 7/14/11 at 11:32 am to
quote:

How would it be double jeapardy if the trial never reached a verdict?


I don't think you can have Double jeopardy with a mistrial.
Posted by TigerintheNO
New Orleans
Member since Jan 2004
41246 posts
Posted on 7/14/11 at 11:40 am to
quote:


I don't think you can have Double jeopardy with a mistrial


you can
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81755 posts
Posted on 7/14/11 at 11:49 am to
quote:

I don't think you can have Double jeopardy with a mistrial
prosecutorial misconduct.
Posted by Monticello
Member since Jul 2010
16197 posts
Posted on 7/14/11 at 5:22 pm to
quote:

I don't think you can have Double jeopardy with a mistrial.


You definitely can. Once that jury is seated, jeopardy has attached. Sometimes a judge can be convinced that a new trial should be allowed, but not always, especially when you have a prosecutor who disobeyed the judge twice before they even made it out of opening statements.
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