THE NATIONAL CRIMINAL JURY INSTRUCTION
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VOLUME 13 - CHAPTER 289
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Chapter 289: Impact Of Mistrial
289.1 Impact Of Mistrial
289.2 Double Jeopardy:
Death Penalty – Inapplicable To Life Sentence Imposed As A Matter Of Law After
Hung Jury
289.3 Double Jeopardy:
Mistrial Resulting From Prosecutorial Misconduct Intended To Thwart An Acquittal
THE NATIONAL CRIMINAL JURY INSTRUCTION
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Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 13 - CHAPTER 289
289.1 Impact Of Mistrial
PRACTICE NOTE: See [NF] State v. Wittsell REV GTD (KS 12/18/2002, No. 01-87107-AS) 53 P3d 1248 [misconduct by police officer while testifying for the prosecution that is deliberately aimed at prompting a mistrial is attributable to the prosecution and creates a double jeopardy bar to retrial].
RESEARCH NOTE: See NCJIC 305.4.8 [Double Jeopardy].
See also Benchbook For U.S. District Court Judges [5.05.1 Criminal Defendant's Motion For Mistrial: General Guidelines].
THE NATIONAL CRIMINAL JURY INSTRUCTION
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VOLUME 13 - CHAPTER 289
289.2 Double Jeopardy: Death Penalty – Inapplicable To Life Sentence Imposed As A Matter Of Law After Hung Jury
PRACTICE NOTE: In the defendant’s first trial, the jury hung 9-3 for life and was discharged. Under Pennsylvania law, the court was required to enter a life sentence, which it did. Defendant then successfully appealed the guilt phase. Upon retrial, the state again sought the death penalty, he was again convicted, and the second jury returned a death verdict. The United States Supreme Court, in a 5-4 decision, held that this does not offend either the double jeopardy or due process clauses of the United States constitution. (See Sattazahn v. Pennsylvania (2003) 537 US 101 [123 SCt 732; 154 LEd2d 588].)
THE NATIONAL CRIMINAL JURY INSTRUCTION
COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright
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VOLUME 13 - CHAPTER 289
289.3 Double Jeopardy: Mistrial Resulting From Prosecutorial Misconduct Intended To Thwart An Acquittal
See NCJIC 257.2.11 [Double Jeopardy: Death Penalty – Inapplicable To Life Sentence Imposed As A Matter Of Law After Hung Jury].