Section 30.13 “Manifest Necessity”

• Library: Criminal Practice 2012 Supp

1. (§30.13) “Manifest Necessity”

A defendant is not placed twice in jeopardy if the declaration of mistrial in the first proceeding was justified by “manifest necessity.” Under the “manifest necessity” standard, re-prosecution is permitted when, “taking all the circumstances into consideration, there is a manifest necessity for the [mistrial declaration], or the ends of public justice would otherwise be defeated.” United States v. Perez, 22 U.S. 579, 580 (1824). The United States Supreme Court has...