Editing Double jeopardy (section)

==== Prosecution after mistrial ====

The rule for [[mistrial]]s depends upon who sought the mistrial. If the defendant moves for a mistrial, there is no bar to retrial, unless the prosecutor acted in "bad faith", i.e. goaded the defendant into moving for a mistrial because the government specifically wanted a mistrial.<ref>''[[Oregon v. Kennedy]]'', {{Ussc|456|667|1982}}.</ref> If the prosecutor moves for a mistrial, there is no bar to retrial if the trial judge finds "manifest necessity" for granting the mistrial.<ref>''[[Arizona v. Washington]]'', {{Ussc|434|497|1978}}.</ref> The same standard governs mistrials granted [[sua sponte]].

Retrials are not common, due to the legal expenses to the government. However, in the mid-1980s Georgia antique dealer [[James Arthur Williams]] was tried a record four times for murder over the [[shooting of Danny Hansford]], and after three mistrials was finally acquitted on the grounds of self-defence.<ref>{{Cite web|url=https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=4195|title=James Williams – National Registry of Exonerations|website=law.umich.edu|access-date=3 January 2020}}</ref> The case is recounted in the book ''[[Midnight in the Garden of Good and Evil]],''<ref>{{Cite web|url=https://www.savannahmagazine.com/25-years-after-midnight/|title=25 Years After Midnight|last=Domet|first=Sarah|date=13 September 2019|website=Savannah Magazine|access-date=3 January 2020|archive-date=6 October 2019|archive-url=https://web.archive.org/web/20191006153644/https://www.savannahmagazine.com/25-years-after-midnight/|url-status=dead}}</ref> which was [[Midnight in the Garden of Good and Evil (film)|adapted into a film]] directed by [[Clint Eastwood]] (the movie combines the four trials into one).<ref>{{Cite web|url=https://www.rogerebert.com/reviews/midnight-in-the-garden-of-good-and-evil-1997|title=Midnight In The Garden Of Good And Evil movie review (1997) {{!}} Roger Ebert|last=Ebert|first=Roger|website=rogerebert.com|access-date=3 January 2020}}</ref>