Does double jeopardy attach with a hung jury?

Does double jeopardy attach with a hung jury?

• A. Yes
• B. No
• C. It depends on jurisdiction
• D. Only in some states

Answer: (A)

Jeopardy attaches at the moment the jury is sworn in during a jury trial. If the jurors cannot reach a verdict, the court typically declares a mistrial due to a hung jury. Because jeopardy has already attached, no final acquittal or conviction has occurred, so the government is generally allowed to retry the defendant for the same offense, subject to the usual double jeopardy limits (such as manifest necessity and rules about who caused the mistrial). In short, a hung jury ends the first trial but does not bar a second trial, since jeopardy had already attached.

Jeopardy attaches at the moment the jury is sworn in during a jury trial. If the jurors cannot reach a verdict, the court typically declares a mistrial due to a hung jury. Because jeopardy has already attached, no final acquittal or conviction has occurred, so the government is generally allowed to retry the defendant for the same offense, subject to the usual double jeopardy limits (such as manifest necessity and rules about who caused the mistrial). In short, a hung jury ends the first trial but does not bar a second trial, since jeopardy had already attached.