United States v. Perez
United States v. Josef Perez, 22 U.S. (Wheat 9) 579 (1824) is a case of the Supreme Court of the United States. The decision held that when a criminal trial results in a hung jury, the double jeopardy clause of the fifth amendment does not prevent the defendant from being retried.
Background of the case
Josef Perez was tried for a capital offence. His trial originally resulted in a mistrial because the jury were unable to agree on a verdict. The judge dismissed the jury, and Perez' attorney claimed that Perez should be discharged since he had been tried once and not convicted.
The decision
The Supreme Court held that courts should be cautious and exercise sound discretion in discharging a jury prior to a verdict. However, doing so does not bar retrial for the same offense. The Supreme Court declined to order Perez released from custody, and declared it fit to retry him on the original indictment.
See also
References
- A Correct Report of the Trial of Josef Perez for Piracy (New York: J.W. Bell ed., 1823).
External links
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| After acquittal |
- United States v. Randenbush (1834)
- Ball v. United States (1896)
- Burton v. United States (1906)
- Helvering v. Mitchell (1938)
- Green v. United States (1957)
- Fong Foo v. United States (1962)
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- Wilson v. United States (1975)
- Serfass v. United States (1975)
- United States v. Martin Linen Supply Co. (1977)
- Burks v. United States (1978)
- Crist v. Bretz (1978)
- Sanabria v. United States (1978)
- United States v. Scott (1978)
- Bullington v. Missouri (1981)
- Tibbs v. Florida (1982)
- Arizona v. Rumsey (1984)
- Poland v. Arizona (1986)
- Witte v. United States (1995)
- Sattazahn v. Pennsylvania (2003)
- Smith v. Massachusetts (2005)
- Yeager v. United States (2009)
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| After conviction |
- United States v. Wilson (1833)
- United States v. La Franca (1931)
- United States ex rel. Marcus v. Hess (1943)
- Rex Trailer Co. v. United States (1956)
- Ludwig v. Massachusetts (1976)
- Brown v. Ohio (1977)
- Harris v. Oklahoma (1977)
- Garrett v. United States (1985)
- United States v. Halper (1989)
- Grady v. Corbin (1990)
- United States v. Felix (1992)
- United States v. Dixon (1993)
- Department of Revenue of Montana v. Kurth Ranch (1994)
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| After mistrial | |
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| Multiple punishment |
- Ex parte Lange (1873)
- Blockburger v. United States (1932)
- Whalen v. United States (1980)
- Missouri v. Hunter (1983)
- Rutledge v. United States (1996)
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| Dual sovereignty doctrine | |
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| Other | |
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