Gori v. United States

The place one comes out, when faced with the problem of this case, depends largely on where one starts.

Today the Court phrases the problem in terms of whether a mistrial has been granted “to help the prosecution” on the one hand or “in the sole interest of the defendant” on the other. The former is plainly in violation of the provision of the Fifth Amendment that no person shall “. . . be subject for the same offence to be twice put in jeopardy of life or limb . . . .” That was what we said in Green v. United States, 355 U. S. 184, 188. But not until today, I believe, have we ever intimated…