Fact check: How many times can a suspect be tried for murder when the result is a hung jury?

1. Summary of the results

Technically, there is no universal legal limit on how many times a defendant can be retried after a hung jury in murder cases ^[1]. This is because double jeopardy protections do not apply when juries fail to reach a verdict. The Supreme Court, in Renico v. Lett ^[2], has explicitly confirmed that states may retry defendants after hung juries ^[3].

2. Missing context/alternative viewpoints

Several important contextual points need to be considered:

• Judicial Discretion: Trial judges have broad discretion in declaring mistrials and managing retrials ^[3]. They:
• Are not required to explain all factors in their decision
• Have no mandatory minimum deliberation time requirement
• Can exercise significant control over the process
• State-Specific Limitations: While federal law doesn't limit retrials, some jurisdictions have implemented their own restrictions. For example, California has established some boundaries through Penal Code Section 1385, which gives judges more authority to dismiss cases after two hung juries ^[4].

3. Potential misinformation/bias in the original statement

The question itself oversimplifies a complex legal issue. Several stakeholders have different interests in this matter:

• Prosecutors benefit from the current system as it allows them to retry cases repeatedly until they secure a conviction ^[1]
• Defense advocates view this as problematic, arguing that unlimited retrials could be used as a tool of prosecutorial pressure ^[1]
• State governments have recognized this potential for abuse, with some like California implementing protective measures ^[4]

The key missing element in the original question is that while there may not be a strict numerical limit, there are practical and jurisdictional constraints that effectively limit the number of retrials in practice.