Can a criminal defendant have a right to a retrial where the jury failed to reach a verdict?
MultiRegion, United States of America
The following excerpt is from U.S. v. Rodriguez, 995 F.2d 234 (9th Cir. 1993):
As a general rule "criminal defendants have a right to have the jury first empaneled to try them reach a verdict." United States v. Bates, 917 F.2d 388, 392 (9th Cir.1990). Where, as here, a defendant has not knowingly and intelligently waived his double jeopardy rights retrial is proper only when the mistrial resulted from manifest necessity. Id.
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