United States v. Perez

United States v. Josef Perez
Supreme Court of the United States
Decided March 17, 1824, 1824
Full case name	The United States v. Josef Perez
Citations	22 U.S. 579 (more)
Prior history	United 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 retrieved 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 opinions
Per curiam.
Majority	Joseph Story
Laws applied
Fifth Amendment to the United States Constitution

United States v. Josef Perez, 22 U.S. (Wheat 9) 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.

Background of the case

Josef Perez was tried for a capital offence. His trial originally resulted in a mistrial because the jury were unable to agree on a verdict. 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.

See also

• List of United States Supreme Court cases, volume 22

References

• A Correct Report of the Trial of Josef Perez for Piracy (New York: J.W. Bell ed., 1823).