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Question
A person is charged with murder. The jury in the case is unable to decide on a verdict. The judge declares a mistrial. Can the prosecution refile the murder charges?A) No. Doing so would violate the Constitution's ban on double jeopardy.
B) No. Doing so would constitute a Bill of Attainder.
C) Yes. Jeopardy does not attach until a jury or judge acquits the defendant.
D) No. The evidence from the trial would now be excluded under the exclusionary rule.
E) Yes, but the charges must be filed at the federal level.
Answer
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