If a defendant is found not guilty of 1st degree murder, but deadlocked jury on 2nd?

Question

Does it mean that he can't be tried on 1st degree again? I just finished Jury service on a trial where we were unanimous on the 1st degree, but deadlocked, or hung on the 2nd degree charge. Not totally satisfied with the fact that it is declared a mistrial, but can I at least rest a little easier thinking that if they do re try him, they can't try him on 1st degree again? Or can they?

Answer 1

He has been found NOT GUILTY of 1st degree, and cannot be retried due to double jeopardy. The Fifth Amendment prohibits a person from being "subject for the same offense to be twice put in jeopardy of life or limb..."

The deadlock (mistrial) for 2nd degree means that they can go back and retry for 2nd degree, unless your state forbids that. Most do not.

Answer 2

If the jury found the defendant not guilty on the charge of first degree murder, a decision WAS reached on that count, and he CANNOT be retried.

If the jury deadlocked on the second degree murder charge, and a mistrial was declared, then the defendant CAN be retried on that count.

Answer 3

They cannot re-try him on the 1st Degree Murder. Jeopardy attached as soon as the first witness was sworn. They can only re-try him on the 2nd degree charge, and may choose not to do that. Depends on Prosecution's evaluation of the case and the time and money and effort that went into it.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 4

Correct. The acquittal on 1st degree means he can't be retried on that charge.

Richard