Is a jury improperly instructed on the cost of retrying a case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Sogoian, 861 F.2d 269 (9th Cir. 1988):
The jury was improperly instructed on the expense and time involved in retrying the case. "[T]he expense of trial should not play any part in the jury's important function of determining the guilt or innocence of a criminal defendant." United States v. Penam, 772 F.2d 1449, 1450 (9th Cir.1985). The trial court should not refer to the cost of retrying a defendant.
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