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How many times can a defendant be retried? For those facing hung jury retrials, it's as many times as the government pleases. Double jeopardy prohibitions do not apply when juries fail to reach a verdict. There is, theoretically, a built-in procedural solution to stop the government from endlessly retrying defendants.
This Note explores the dual jury system in which each defendant in a joint trial has his or her own jury to decide guilt or innocence.
This Note explores the dual jury system in which each defendant in a joint trial has his or her own jury to decide guilt or innocence.
What's the difference between a Jury Trial and a Court Trial? In a jury trial, the decision of guilt or innocence is decided by either 6 or 12 citizens who listen to the evidence and make the decision. In a court trial, there is no jury present. The judge listens to the evidence and makes the decision.
You must inform the court that you are not able to serve. Requests to be excused must be in writing and submitted to the Office of the Jury Commissioner prior to the prospective juror's service date.
You may be excused if you have a serious health problem. If you are sick or injured, you may postpone your service or request an excuse. If you are disabled, you may request a permanent medical excuse. Follow the directions on the summons for postponement or excuse.
Failure to complete and return a jury questionnaire, providing false information on the questionnaire, or using vulgar or profane language in response to a jury questionnaire subjects a citizen to show cause proceeding for contempt of court.
You must inform the court that you are not able to serve. Requests to be excused must be in writing and submitted to the Office of the Jury Commissioner prior to the prospective juror's service date.