Law review article:


Deadlocked-Jury Mistrials, Lesser Included Offenses, and Double Jeopardy: A Proposal to Strengthen the Manifest Necessity Requirement”

by John L. Hodge


Criminal Justice Journal (Western State University, College of Law,* California), Fall 1986 (Vol. 9, No. 1), pp. 9 – 44


This article explains why the majority view of double jeopardy should be changed so that, when a jury has decided that a defendant is not guilty of the main offense and is “hung” on the lesser-included offenses, the defendant may not be retried on the main offense. This issue is still relevant today, as the constitutional protection against double-jeopardy is weak and dependent on differing state practices. 



*NOTE: In 1995, this College of Law became the Thomas Jefferson School of Law (San Diego, California)