United States v. Perez

United States v. Josef Perez

Decided March 17, 1824, 1824
Full case name The United States v. Josef Perez
Citations

22 U.S. 579 (more)

Prior history United States v. Perez, 27 F. Cas. 504 (C.C.S.D.N.Y. 1823) (No. 16,033)
Holding
Double jeopardy does not prevent a defendant from being retried after a hung jury
Court membership
Chief Justice
John Marshall
Case opinions
Per curiam.
Majority Joseph Story
Laws applied
Fifth Amendment to the United States Constitution

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

External links

Wikisource has original text related to this article:
 
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)
  • United States v. Tateo (1964)
  • Ashe v. Swenson (1970)
  • 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)
After conviction
After mistrial
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)
Dual sovereignty doctrine
Other
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