LogFAQs > #979966143

realnifty1 posted...

As it stands today, but you didn't read my whole post, but now I have time to source it so hopefully you can understand it better.

The foundation for retrial is from 1824, US vs Perez, which ruled based not on the Constitution but rather English Common Law that jeopardy does not attach until the verdict is rendered.

However, in Downum v US (1963), Crist v Bretz (1978), and Martinez v Illinois (2014), the Supreme Court has consistently held that the federal rule for trial by jury is that jeopardy attaches when a trial jury is sworn.

Should any of Donald's jury trials end in a mistrial or hung jury you can guarantee that he will take any attempts to re-try him to the SC and there is a very good chance he wins given which way they lean.

While this is correct, the prevailing ruling has been that a hung jury does not terminate jeopardy, and thus the original jeopardy is being sustained into the retrial. Thus, no double jeopardy.