Quote:
Originally Posted by Beamers Mom  Not necessarily:
A mistrial in a criminal prosecution may prevent retrial under the Double Jeopardy provision of the Fifth Amendment, which prohibits an individual from being tried twice for the same offense, unless required by the interests of justice and depending on which party moved for the mistrial. Typically, there is no bar to a retrial if the defendant requests or consents to a mistrial. A retrial may be barred if the court grants a mistrial without the defendant's consent, or over his objection. If the mistrial results from judicial or prosecutorial misconduct, a retrial will be barred. In United States v. Jorn, 400 U.S. 470, 91 S. Ct. 547, 27 L. Ed. 2d 543 (1971), the Supreme Court held that reprosecuting the defendant would constitute double jeopardy because the judge had abused his discretion in declaring a mistrial. On his own motion, the judge had declared a mistrial to enable government witnesses to consult with their own attorneys. |
I am no legal mind, but it mentions judicial and prosecutorial misconduct. We are talking about her attorney.
I cannot imagine that a person could get off that way. If that were the case, every defense attorney out there with a tough case could play games and look for a mistrial to get their client off.
But...what do I know?