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Fact check: How many times is the state allowed to prosecute a citizen on felony murder charges if the case continues to result in a hung jury.

Checked on April 14, 2025

1. Summary of the results

There is no legal limit on how many times the state can prosecute a citizen on felony murder charges after a hung jury [1]. This principle was established by the Supreme Court in United States v. Perez [2], which determined that hung juries do not trigger double jeopardy protections [1]. When a jury cannot reach a verdict, the judge may declare a mistrial and order a retrial [3].

2. Missing context/alternative viewpoints

While legally unlimited retrials are possible, several practical factors influence the decision to retry a case:

  • The strength of available evidence
  • Financial costs to the state
  • Emotional toll on all parties involved
  • Level of public interest in the case [4]

These practical considerations often lead prosecutors to carefully evaluate whether pursuing multiple retrials is worthwhile, even though they have the legal right to do so.

3. Potential misinformation/bias in the original statement

The question implies there might be a specific legal limit on retrials, which could mislead people about their rights and the justice system's operations. This misunderstanding benefits:

  • Defense attorneys who might use this misconception to give clients false hope about their cases being dismissed after a certain number of retrials
  • Advocacy groups pushing for judicial reform who might use this misconception to argue for limiting prosecutorial powers
  • Prosecutors who benefit from the public not fully understanding their broad discretionary powers in pursuing retrials

The reality is that while multiple retrials are legally possible [3], they are relatively rare in practice due to practical constraints [4].

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