...about those balancing interests...I will have to delve into this a bit further, but the first reaction to a retrenchment of double jeopardy is not a positive one. This example dovetails nicely with my previous discussion two posts ago.
Once gain, bad facts probably make bad law.
WASHINGTON — The Supreme Court ruled on Thursday that a criminal
defendant may be retried even though the jury in his first trial had
unanimously rejected the most serious charges against him. The vote
was 6 to 3, with the justices split over whether the constitutional
protection against double jeopardy barred such reprosecutions.