QUOTE(Aquilla @ Mar 29 2004, 08:16 PM)
QUOTE(Rev_DelFuego @ Mar 29 2004, 02:58 PM)
This topic is inspired by the current Tyco trial. It appears that there is one juror, out of twelve, that has been tainted. At one point he's has even made the "
" sign to the defense. Now if the jury has been tampered with, the only thing the judge can do is declare a mistrial. If this happens then the defendants walk, because it would be double jeopardy to try them again. I think (that means not sure) in order to get a retrial they would need to prove that the defense tampered with the jury.
Would you declare a mistrial?
Do we need to change the system so that jury tampering can be prevented?
In a mistrial, double jeopardy doesn't necessarily attach, particularly in the case of a hung jury. Were a mistrial to be declared in this case, I doubt it would have jeopardy attached and they could start all over again if they wished.
I don't know what's going on in this case, I haven't followed it at all, but if they have a stubborn juror, the best thing to do is go ahead and start over again. That's how the system works, it's how it's supposed to work and it's how it should work.
Aquilla's right on target here.
A hung-jury mistrial would not in any way preclude the prosecution from re-filing the charges and starting the whole thing over. No double jeopardy ensues, because no valid, binding conclusion was reached by the jury.
The only real question is, is the cost involved in retrying the defendant cost effective to the crime? In this case, I would say it definitely is. Thank the current panel for their time and efforts, select a new jury, and have at 'em again.