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THE DEFENSE NEVER RESTS
DOUBLE JEOPARDY OR WHEEL OF FORTUNE?
April 14, 2009
A hung jury should be an acquittal. The government has the burden. The government fails to meet their burden when the jury does not unanimously agree to convict. It does not matter that some wanted to convict it only matters that there was no unanimous decision to convict.
This in effect puts a burden on the defendant to sway the twelve juries to not convict. Theoretically there is NO burden on the defendant. However our system squarely puts the burden on both sides. The defendant must persuade all the jurors he's not guilty and the state must sway all the jurors that he/she is. Logically unconscionable. If the state fails to persuade then they have failed and the result should be an acquittal.
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