About: United States v. Jorn     Goto   Sponge   NotDistinct   Permalink

An Entity of Type : dbo:SupremeCourtOfTheUnitedStatesCase, within Data Space : dbpedia.org associated with source document(s)
QRcode icon
http://dbpedia.org/describe/?url=http%3A%2F%2Fdbpedia.org%2Fresource%2FUnited_States_v._Jorn

United States v. Jorn, 400 U.S. 470 (1971), was a United States Supreme Court decision clarifying when a criminal defendant may be retried after a mistrial. In this case, where a trial judge abruptly declared a mistrial to prevent the prosecution's witness from incriminating himself, a second trial was barred by the Double Jeopardy Clause. In conclusion, since there was not "manifest necessity" for the trial judge to declare the mistrial, Jorn could not be reprosecuted.

AttributesValues
rdf:type
rdfs:label
  • United States v. Jorn (en)
rdfs:comment
  • United States v. Jorn, 400 U.S. 470 (1971), was a United States Supreme Court decision clarifying when a criminal defendant may be retried after a mistrial. In this case, where a trial judge abruptly declared a mistrial to prevent the prosecution's witness from incriminating himself, a second trial was barred by the Double Jeopardy Clause. In conclusion, since there was not "manifest necessity" for the trial judge to declare the mistrial, Jorn could not be reprosecuted. (en)
dcterms:subject
Wikipage page ID
Wikipage revision ID
Link from a Wikipage to another Wikipage
Link from a Wikipage to an external page
sameAs
dbp:wikiPageUsesTemplate
Dissent
  • Stewart (en)
docket
JoinDissent
  • White, Blackmun (en)
LawsApplied
  • Double Jeopardy Clause of the U.S. Const. Amend. V (en)
OpinionAnnouncement
oyez
ParallelCitations
USPage
USVol
ArgueDate
ArgueYear
case
  • United States v. Jorn, (en)
DecideDate
DecideYear
Holding
  • The trial judge here abused his discretion, and accordingly appellee's reprosecution would violate the Double Jeopardy Clause. (en)
justia
Litigants
  • United States v. Jorn (en)
loc
has abstract
  • United States v. Jorn, 400 U.S. 470 (1971), was a United States Supreme Court decision clarifying when a criminal defendant may be retried after a mistrial. In this case, where a trial judge abruptly declared a mistrial to prevent the prosecution's witness from incriminating himself, a second trial was barred by the Double Jeopardy Clause. Jorn was charged with numerous counts of assisting in the preparation of fraudulent income tax returns. He was tried in the United States District Court for the District of Utah. Among the government's witnesses were five taxpayers whom Jorn had allegedly assisted in preparing fraudulent returns. As the first of these witnesses was called, the trial judge became concerned the witness was about to incriminate himself, and refused to allow the witness to testify until the same had consulted an attorney. Upon learning that all five witnesses were in the same situation, the judge discharged the jury and aborted the trial. The case was then set for retrial before a different jury, but Jorn argued that retrial was forbidden by double jeopardy. The question of when a retrial is permitted after a mistrial is flexible and depends on the circumstances of the case. Here, the trial judge had acted sua sponte, abruptly discharging the jury without input from either the prosecution or defense. The Court used the framework of United States v. Perez to evaluate this action, asking whether there was "manifest necessity" to declare the mistrial. Here, the Court concluded, "the trial judge here abused his discretion in discharging the jury," suggesting instead the possibility of a continuance. Justice Harlan pointed out the potential injustice of subjecting the defendant to a second trial, writing, "Reprosecution after a mistrial has unnecessarily been declared ... subjects the defendant to ... personal strain and insecurity." In conclusion, since there was not "manifest necessity" for the trial judge to declare the mistrial, Jorn could not be reprosecuted. (en)
Concurrence
  • Burger (en)
  • Black and Brennan (en)
JoinPlurality
  • Burger, Douglas, Marshall (en)
Plurality
  • Harlan (en)
ReargueDate
ReargueYear
prov:wasDerivedFrom
page length (characters) of wiki page
foaf:isPrimaryTopicOf
is Link from a Wikipage to another Wikipage of
is Wikipage redirect of
is foaf:primaryTopic of
Faceted Search & Find service v1.17_git139 as of Feb 29 2024


Alternative Linked Data Documents: ODE     Content Formats:   [cxml] [csv]     RDF   [text] [turtle] [ld+json] [rdf+json] [rdf+xml]     ODATA   [atom+xml] [odata+json]     Microdata   [microdata+json] [html]    About   
This material is Open Knowledge   W3C Semantic Web Technology [RDF Data] Valid XHTML + RDFa
OpenLink Virtuoso version 08.03.3330 as of Mar 19 2024, on Linux (x86_64-generic-linux-glibc212), Single-Server Edition (61 GB total memory, 37 GB memory in use)
Data on this page belongs to its respective rights holders.
Virtuoso Faceted Browser Copyright © 2009-2024 OpenLink Software