REBUTTAL - AN ALTERNATE VIEWPOINT ON THE RELATIONSHIP OF UNANIMOUS VERDICTS AND REASONABLE DOUBT

• NCJ Number: 41653
• Journal: Valparaiso University Law Review Volume: 11 Issue: 1 Dated: (FALL 1976) Pages: 29-34
• Author(s): A J SILVERSTEIN
• Date Published: 1976
• Length: 5 pages
• Corporate Author: Valparaiso University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE REBUTS A PREVIOUS PUBLICATION IN THIS LAW REVIEW WHICH HELD THAT THE COMBINATION OF THE REASONABLE DOUBT RULE AND JURY UNANIMITY PROTECTED RIGHTS AND SERVED SOCIETY'S INTEREST IN RETRYING ACQUITTED DEFENDANTS.

Abstract

PART I IS A DISCUSSION OF UNITED STATES V. PEREZ WHICH HELD THAT A JURY WHICH CANNOT COME TO A DECISION CAN BE DISCHARGED AND THE DEFENDANT RETRIED. PART II CONCENTRATES ON THE INADEQUACY OF RETRIAL AFTER HUNG JURIES AS A MECHANISM TO BALANCE THE INTERESTS OF PARTIES TO A CRIMINAL TRIAL.(AUTHOR ABSTRACT MODIFIED)...TWH