Question: In a mistrial, most DA's have to decide if it is a do over. But in this show they have some dismissals in the mist of a trial and they can't be retried because of double jeopardy. Is this really a fact?
Bishop73
25th Jun 2020
Law & Order: Special Victims Unit (1999)
Answer: Yes, once a jury is sworn in and impaneled, jeopardy attaches. So if a trial is ended for any reason, the accused cannot be tried again. Downum v. United States (1963), Crist v. Bretz (1978), Martinez v. Ilinois (2014).
A mistrial can allow the defendant to be re-tried in many cases.
A mistrial is not a dismissal. Since the jury has not reached a verdict, the trial has not ended.
Which is literally what I already said. But you stated if the trial is ended for any reason. A mistrial does end the trial, but not necessarily end jeopardy.
Answer: It would best to cite a specific episode; however, a dismissal is not the same thing as a mistrial by legal definitions. A case may be dismissed with or without prejudice. A case dismissed with prejudice would prevent a retrial on the grounds of double jeopardy. When this happens, the judge is basically saying he or she has heard enough to make a final decision and the case is over. Dismissals without prejudice and mistrials that the defendant consents to can be retried (generally it's the defendant's lawyer that will move for a mistrial for one reason or another).
Bishop73