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If a Criminal Defendant Goes to Trial but the Case

Question 16

Multiple Choice

If a criminal defendant goes to trial but the case ends with a hung jury, can the government retry the defendant on the same charges? Why or why not?


A) No. The double jeopardy clause prohibits it.
B) No. The double jeopardy and due process clauses prohibit it.
C) It depends on whether the alleged crime is a felony or a misdemeanor
D) Yes, because the jury did not make a finding of fact on the charges

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