Opinion · Supreme Court of the United States
United States v. Perez
6 L. Ed. 165
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1824-03-23
- Topic
- general
holding that the federal Double Jeopardy Clause does not bar the reprosecution of a defendant for a mistried offense when the jury is unable to reach a verdict | holding that the federal Double Jeopardy Clause does not bar the reprosecution of a defendant for a mistried offense when the jury is unable to reach a verdict | holding that a jury’s inability to reach a verdict constitutes a “manifest necessity” for a mistrial | holding that a trial court may discharge a jury without the defendant’s consent whenever ‘taking all the circumstances into consideration, there is a manifest necessity for the act’ | holding that a defendant in a capital case might be retried after the trial judge had, without the defendant's consent, discharged a jury that reported itself unable to agree | holding that the authority to discharge a jury "ought to be used with the greatest caution, under urgent circumstances, and for very plain and obvious causes” | holding that a trial court may discharge a jury without the defendant’s consent whenever “taking all the circumstances into consideration, there is a manifest necessity for the act” | holding that a mistrial based on a hung jury did not bar retrial | holding that if the jury is unable to agree on a verdict and the trial court discharges the jury for “manifest necessity,” double jeopardy does not bar retrial of the defendant for the “same offence” | explaining that trial court possesses discretion to discharge jury for manifest necessity or when ends of justice would otherwise be defeated | recognizing that trial courts "are to exercise a sound discretion on the subject" of whether "to discharge a jury from giving any verdict [because] there is a manifest necessity for the act, or the ends of public justice would otherwise be defeated" | recognizing that trial courts “are to exercise a sound discretion on the subject” of whether “to discharge a jury from giving any verdict [because] there is a manifest necessity for the act, or the ends of public justice would otherwise be defeated” | holding discharge of hung jury without consent of defendant and without acquittal does not bar retrial | holding discharge of hung jury without consent of defendant and without acquittal does not bar retrial | noting that trial judge should declare a mistrial over the defendant’s objection “under urgent circumstances, and for very plain and obvious causes” | stating that there must be "manifest necessity for the act" of declaring a mistrial (emphasis supplied) | establishing that trial courts have broad discretion in determining whether a manifest necessity exists due to jury deadlock | stating that such an exception would exist only in a case involving an error so grave that there existed a "`manifest necessity for the [mistrial], or the ends of public justice would otherwise be defeated'" | stating that such an exception would exist only in a case involving an error so grave that there existed a “ ‘manifest necessity for the [mistrial], or the ends of public justice would otherwise be defeated’ ” | noting that trial judges must “tak[e] all the circumstances into consideration,” “exercise a sound discretion,” and use the power to declare a mistrial “with the greatest caution, under urgent circumstances” | requiring “manifest necessity” for a retrial if the defendant either did not move for or did not join in a motion for mistrial | finding no double jeopardy bar where the existence of a deadlocked jury made a mistrial manifestly necessary | stating that such an exception would exist only in a case involving an error so grave that there existed a “ ‘manifest necessity for the [mistrial], or the ends of public justice would otherwise be defeated’ ” | finding no double jeopardy bar where the existence of a deadlocked jury made a mistrial manifestly necessary | establishing the principle that, where the trial court grants a mistrial on its own motion or that of the prosecution, retrial is permitted only where there is a
Citator
- Cited by
- 900 opinions
The UNITED STATES
v.
JOSEF PEREZ.
Supreme Court of United States.
March 17, 1824.Mr. Justice STORY delivered the opinion of the Court.
This cause comes up from the Circuit Court for the southern district of New-York, upon a certificate of division in the opinions of the Judges of that Court. The prisoner, Josef Perez, was put upon trial for a capital offence, and the jury, being unable to agree, were discharged by the Court from giving any verdict upon the indictment, without the consent of the prisoner, or of the Attorney for the United States. The prisoner's counsel, thereupon, claimed his discharge as of right, under these circumstances; and this forms the point upon which the Judges were divided. The question, therefore, arises, whether the discharge of the jury by the Court from giving any verdict upon the indictment, with which they were charged, without the consent of the prisoner, is a bar to any future trial for the same offence. If it be, then he is entitled to be discharged from custody; if not, then he ought to be held in imprisonment *580 until such trial can be had. We are of opinion, that the facts constitute no legal bar to a future trial. The prisoner has not been convicted or acquitted, and may again be put upon his defence. We think, that in all cases of this nature, the law has invested Courts of justice with the authority to discharge a jury from giving any verdict, whenever, in their opinion, taking all the circumstances into consideration, there is a manifest necessity for the act, or the ends of public justice would otherwise be defeated. They are to exercise a sound discretion on the subject; and it is impossible to define all the circumstances, which would render it proper to interfere. To be sure, the power ought to be used with the greatest caution, under urgent circumstances, and for very plain and obvious causes; and, in capital cases especially, Courts should be extremely careful how they interfere with any of the chances of life, in favor of the prisoner. But, after all, they have the right to order the discharge; and the security which the public have for the faithful, sound, and conscientious exercise of this discretion, rests, in this, as in other cases, upon the responsibility of the Judges, under their oaths of office. We are aware that there is some diversity of opinion and practice on this subject, in the American Courts; but, after weighing the question with due deliberation, we are of opinion, that such a discharge constitutes no bar to further proceedings, and gives no right of exemption to the prisoner from being again put upon trial. A certificate is to be directed to the Circuit Court, in conformity to this opinion.
*581 CERTIFICATE. This cause came on, &c. On consideration whereof, it is ORDERED by the Court, that it be certified to the Circuit Court of the District of New-York, that, under the circumstances stated in the record, the prisoner, Josef Perez, is not entitled to be discharged from custody, and may again be put to trial, upon the indictment found against him, and pending in the said Court.