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United States v. Jorn

United States Supreme Court

400 U.S. 470 (1971)

Relevant factsFree

Jorn (defendant) was on trial for preparing fraudulent tax returns. After the jury was sworn and testimony began, the trial judge grew concerned that IRS witnesses hadn't been adequately warned of their privilege against self-incrimination, and on his own initiative aborted the trial so the witnesses could consult counsel before testifying further, setting the case for retrial before a new jury. Jorn moved to dismiss on double jeopardy grounds, and the trial court agreed and dismissed the charges. The government appealed directly to the Supreme Court.

IssueFree

Whether the Double Jeopardy Clause of the Fifth Amendment prohibits retrial of a defendant when a trial court abuses its discretion in terminating a criminal trial before a verdict.

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