General Question

flo's avatar

Is there a better system anywhere than a retrial if a jury is deadlocked?

Asked by flo (10514points) June 15th, 2017

Is there an alternative anywhere in the world to a mistrial/retrial or prosecution cuts it’s losses system whenever a is deadlocked?
“After the declaration of a mistrial, prosecutors may choose to retry the case with a different set of jurors, or they may cut their losses.”
http://www.cnn.com/2017/06/15/us/bill-cosby-hung-jury/

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17 Answers

ragingloli's avatar

trial by judge.

flo's avatar

@ragingloli I mean if a jury trial has been in progress like the Cosby trial for example.

zenvelo's avatar

You mean like flip a coin? Nope, a retrial is about as fair as possible.

flo's avatar

@zenvelo? Do you mean to say ”If I can’t think of a way, then there is no way”?

Tropical_Willie's avatar

Based on trial by jury – - – > Jury or Judge is the only way!

filmfann's avatar

In the United States, we haven’t got the Thunderdome option, yet.
If the trial results in a hung jury, the prosecution can refile.

Call_Me_Jay's avatar

What’s wrong with retrial?

zenvelo's avatar

@flo No, I mean, given the structure of our criminal justice system, there is no more fair way after a mistrial than to retry the case with another jury.

The defendant is presumed innocent, and the prosecution has not demonstrated guilt to 12 people, but at least some of the jurors believe the defendant is guilty.

flo's avatar

@filmfann and @zenvelo The OP says “anywhere in the world” so, meaning other than what exists in the US system.
@Call_Me_Jay If you try to do anything let’s say remove paint from somehting, and it doesn’t work, and you try something else, do you say what is wrong with trying something else? No, because the point is the first thing is not a good product/system.

flo's avatar

@Call_Me_Jay and so why keep using the same sytem/product if it is not the ideal (retrial is not the ideal thing right?

Call_Me_Jay's avatar

@flo

Not sure where “ideal” would be. The goal is not always reaching a guilty verdict, or always reaching not guilty.

If the jury is deadlocked, or the trial is decidedly flawed, then restarting the process seems like good answer to me.

zenvelo's avatar

@flo I get that you were speaking of “anywhere in the world.” So was I. And there isn’t a more fair system to resolve a mistrial than to impanel another jury and try the case again.

flo's avatar

@Call_Me_Jay The ideal would be no such thing as “deadlocked” I never wrote that there should be no such thing as a retrial if there is a deadlock. . Why use the same paint remover if you already know it wouldn’t do the job, and you have redo it with another paint remover or….another set of jury members or whatvever else.
@zenvelo and there is no cure for cold either. But there are ways of avoiding catching cold in the first place. And see answer to @Call_Me_Jay

Call_Me_Jay's avatar

??

The second jury usually reaches a verdict. They do the job.

flo's avatar

it is the ideal that there is such a thing as being deadlocked leading to retrial or prosecution cutting the losses?

Tropical_Willie's avatar

What would you recommend @flo ? Arrest and firing squad ?

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