What is the federal standard for determining whether there is intent to provoke a mistrial?

Both the Oregon and Arizona supreme courts found fault with the federal standard set forth in the opinion of Oregon v. Kennedy, supra, 456 U.S. 667, 102 S.Ct. 2083. The two state courts disagreed with the premise of the opinion that a test broader than intent to provoke a mistrial would in reality be standardless. Instead, the Oregon and Arizona supreme courts went along with the reasoning of the four-member minority, which concluded the majority's ⁵ test must necessarily involve a subjective inquiry and is too difficult to determine. We are not likewise persuaded.