2nd Trial Allowed If Charges Dismissed In Midtrial

1978

In U.S. v. Scott, the U.S. Supreme Court decides that a defendant who won a dismissal of charges against him before a jury issued its verdict can be tried a second time if the prosecution wins an appeal of the dismissal. The Court says double jeopardy protections are not violated if the grounds for dismissal are “not related to factual guilt or innocence.”