Anytime a judge declares a mistrial in a jury case I get suspicious.
Judges are generally appointed by the very politicians that make questionable laws and empowered by the very attorneys who abuses them to usurp the rights of other people and make policy in some ways.
Their very ability to arbitrarily declare a mistrial is quite implicitly and practically an ability to bypass the right and benefits of a trial by jury.
Particularly in the case of Federal Jurys where the Constitution specifically says in article 3 section 2:
“The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed;”
Federal Amazement 6 which basically states the same thing with the added word of impartial.
The Federal 5th Amendment States:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;”
Even if declaring a mistrial is not an attempt to evade a jury trial it certainly sounds like Double jeopardy to me.
Could the jury have found this guy innocent and yet the judge buries that and declares mistrial instead. Can we find this out or would that judge jail the jury for talking?