When can a person be retried for an offense?

Prepare for the SAPD Code of Criminal Procedure Exam. Use flashcards and multiple choice questions with detailed hints and explanations. Ace your test!

A person can be retried for an offense when the jury is unable to reach a verdict. This situation is commonly referred to as a "hung jury." When a jury cannot come to a unanimous or sufficient agreement on the guilt or innocence of the defendant, the trial cannot conclude successfully. In such cases, the prosecution has the option to retry the case, as the initial trial does not result in a final determination of the defendant's guilt.

While new evidence or a defendant's voluntary agreement may seem relevant, they do not inherently provide grounds for a retrial as decisively as the situation of a hung jury. Additionally, a mistrial, which is a separate situation where a trial cannot progress due to issues such as prosecutorial misconduct or juror problems, also gives grounds for retrial; however, the specific case of an unresolved jury speaks more directly to the nature of being retried for an offense. Thus, the scenario of a jury being unable to reach a verdict is a fundamental principle in the legal system, justifying the potential for a new trial.

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