If you have a mistrial, can they retry you for the same charge?
Explanation
The question of whether a defendant can be retried after a mistrial hinges on the reason for the mistrial declaration. In general, if a mistrial is declared due to 'manifest necessity'—meaning the trial was halted for a legitimate reason beyond the control of the parties—then the prosecution may retry the defendant on the same charges. This aligns with the protections under the Fifth Amendment against double jeopardy, which prohibits retrial in cases of acquittal or conviction. However, if a mistrial is declared for reasons that do not demonstrate manifest necessity—for example, a hung jury where the jury could not reach a unanimous verdict—the prosecution is typically allowed to retry the case. The articles from sources like Justia clarify that as long as the legal justification for the mistrial exists, retrial on the same charges is permitted unless the mistrial was declared with error or without necessity. Therefore, the assertion that one cannot be retried if a mistrial occurs is inaccurate and overly simplistic. The context of the mistrial is crucial to understanding whether retrial is permissible.
Key Points
- A mistrial can result in retrial depending on its circumstances.
- 'Manifest necessity' is an important factor in determining trial outcomes.
- The Fifth Amendment does not universally prohibit retrial after a mistrial.
