Simplejustice iconSimplejusticeSep 5, 2026

Retrial Isn’t Double Jeopardy (But It Should Be)

When a trial ends with a hung jury, the law allows the case to be retried before a new jury. That's the law, and it should be clear that any claim to the contrary is not the law.

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When a trial ends with a hung jury, the law allows the case to be retried before a new jury.

That's the law, and it should be clear that any claim to the contrary is not the law.

The discharge of a deadlocked jury follows one of two events.

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When a trial ends with a hung jury, the law allows the case to be retried before a new jury. That's the law, and it should be clear that any claim to the contrary is not the law. The discharge of a deadlocked jury follows one of two events.

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  • The discharge of a deadlocked jury follows one of two events.

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