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Dodging Mistrials With A Mandatory Jury Inquiry Rule, Missy Mordy
Dodging Mistrials With A Mandatory Jury Inquiry Rule, Missy Mordy
Seattle University Law Review
This Comment considers the concept of a jury inquiry and concludes that, with a mandatory jury inquiry rule, judges will ensure that the public ends of justice are met before a mistrial is declared. Part II of this Comment examines the United States v. Razmilovic trial to give a concrete example of how a jury inquiry would have prevented a hastily declared mistrial. Part III.A examines the circuit trend regarding the definition of "manifest necessity." Toward the end of the 1970s, many circuits began to opine that jury inquiries were important when attempting to determine whether there was manifest necessity, …