>>>>How can she be tried a second time for the same offence? Isn't that double jeopardy?
Double jeopardy only applies if there is an actual decision in the first trial. As the Jury deadlocked, there was no decision, and she can legally be retried.
>>>Double jeopardy only applies if there is an actual decision in the first trial. As the Jury deadlocked, there was no decision, and she can legally be retried. >>>
They only deadlocked on the lessor charges, the homocide charge was as aquittal.
There was, an acquital on first degree murder charges for the offense of killing him.
Now they convicted her of voluntary manslaughter for the offense of killing him.
Different charges, same offense. Shouldn't last 30 minutes in an appeals court.
If they had convicted her on a charge regarding another offense, it would have been ok. As it is, this is as clear a case of double jeopardy as you will ever see.
Of course, they do it all the time in politically charged cases.
The first jury found her not guilty of first degree but deadlocked on the lesser includeds. According to this law school lecture, she can't be retried:
The term "double jeopardy" refers to the "danger" of a second punishment whenever an individual is brought to trial again for the same crime (or a greater or lesser included crime). This means that there cannot be a second prosecution for the same criminal act (both in fact and in law) upon which a first prosecution was based. The accused must be released and the case dismissed. The challenge is determining what constitutes the "same" crime for double jeopardy purposes. Some of the simpler examples include:
an acquittal or conviction for murder will bar any prosecution for manslaughter if based on the same facts (lesser included example)
an acquittal or conviction for larceny-theft will bar any prosecution for robbery if based on the same facts (greater included example)
an acquittal or conviction for burglary will bar any prosecution for robbery (even if the burglar woke up the sleeping couple and robbed them) unless there are distinct elements in one crime that are not included in the other (multiple criminal transaction example)
an acquittal or conviction for R.I.C.O. will bar any prosecution for conspiracy or attempted R.I.C.O. (continuing crime example)
an acquittal or conviction for battery will not bar any later prosecution for murder if the victims later dies as a result of injuries (separate and distinct new crime example)