United States v. Perez

United States v. Josef Perez, 22 U.S. (9 Wheat) 579 (1824), is a case of the Supreme Court of the United States. The decision held that when a criminal trial results in a hung jury, the Double Jeopardy Clause of the Fifth Amendment does not prevent the defendant from being retried.

United States v. Josef Perez
Decided March 17, 1824
Full case nameThe United States v. Josef Perez
Citations22 U.S. 579 (more)
9 Wheat. 579; 6 L. Ed. 165
Case history
PriorUnited States v. Perez, 27 F. Cas. 504 (C.C.S.D.N.Y. 1823) (No. 16,033)
Holding
Double jeopardy does not prevent a defendant from being retried after a hung jury
Court membership
Chief Justice
John Marshall
Associate Justices
Bushrod Washington · William Johnson
Thomas Todd · Gabriel Duvall
Joseph Story · Smith Thompson
Case opinion
MajorityStory
Laws applied
Fifth Amendment to the United States Constitution

Background of the case

Josef Perez (born in 1800) was tried in 1822 for piracy—at that time a capital offense.[1] Perez had been accused of boarding and robbing the schooner Bee as she was docked at San Juan de los Remedios, Cuba.[1]

His trial originally resulted in a mistrial because the jury were unable to agree on a verdict.[1] The judge dismissed the jury, and Perez' attorney claimed that Perez should be discharged since he had been tried once and not convicted.

The decision

The Supreme Court held that courts should be cautious and exercise sound discretion in discharging a jury prior to a verdict. However, doing so does not bar retrial for the same offense. The Supreme Court declined to order Perez released from custody, and declared it fit to retry him on the original indictment.

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See also

References
  1. A Correct Report of the Trial of Josef Perez, for Piracy, Committed on Board the Schooner Bee, in Charleston, S.C. Before the Circuit Court of the United States for the Southern District of New York. New York: J.W. Bell. 1823.
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