Author Question: How does the double jeopardy clause apply to mistrials? What will be an ideal ... (Read 73 times)

Yolanda · **on:** Aug 24, 2018

How does the double jeopardy clause apply to mistrials?

What will be an ideal response?

Question 2

Which of the following court cases was the first time that the Court ruled that defendants had the right to consult with an attorney if they so desired?

a. Miranda v. Arizona
b. Escobedo v. Illinois
c. Brown v. Mississippi
d. Rogers v. Richmond

Ksanderson1296 · **Reply #1 on:** Aug 24, 2018

Answer to Question 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 mistrialand 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.

Answer to Question 2

b