Khross wrote:
Arathain:
No, I'm just arguing that by virtue of grouping all the charges into a single trial, that retrying because of a mis-trial doesn't really seem kosher to me. If the jury got hung, then it's an issue of not passing reasonable doubt. I know how things work, I just honestly don't think there's an exclusion that exists or should exist to allow a second trial in this case.
The only reason all the charges are tried at once is efficiency. You really could try each and every charge with its own trial. That in no way puts anyone in double jeopardy.
In any case, the Fifth Ammendment doesn't specify that reasonable doubt is satisfied only by a unanimous verdict. That's an additional qualification imposed over and above the Constitution. A hung jury simply fails to satisfy that additional safeguard. There doesn't need to be a clause allowing retrial in case of a hung jury; there would need to be a clause prohibiting it explicitly.