'Double jeopardy clause' explained as Lindsay Clancy jury remain deadlocked

The jury deliberating over Lindsay Clancy’s fate has been unable to come to a unanimous vote to decide her fate, which could end up with a little-known rule imposed.

After roughly three full days of gruelling deliberations, the panel came back to Judge William Sullivan that it is in a deadlock, leading him to ask them to return to their deliberation room for another attempt.

"I brought you back out because I know that this was a long trial," the judge told the court. "I know there were over 80 witnesses. There were over 300 exhibits but because of that I’m going to ask you to go back out, keeping in mind all of the instructions that I gave you, to go out and continue your deliberation at this time."

Lindsay Clancy's jurors are deadlocked (Photo by Jonathan Wiggs/The Boston Globe via Getty Images)

The jury have still been seemingly unable to reach their decision, which has the goal of sentencing the 36-year-old former labor and delivery nurse on three counts of first-degree murder.

If they cannot do so, as jury consultant Victoria Brophey George on X revealed what could happen: it could trigger a ‘Double Jeopardy’ situation.

According to the US Constitution, this comes under the Fifth Amendment, which states:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

This means that Clancy will not be able to be tried for the same crime, under the ‘nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb’ section.

The 'Double Jeopardy Clause' could be triggered (Photo by JOSEPH PREZIOSO / AFP via Getty Images)

Practical Law also explains that the ‘Double Jeopardy Clause’ is an ‘affirmative defense that a criminal defendant may assert if the government’ attempts to prosecute ‘the defendant for the same offense after’ either their acquittal, conviction, or even in ‘certain limited situations, after the court declares a mistrial’.

It also stops them from being able to seek 'multiple punishments for the same offense.’

While Clancy has admitted to strangling her three young children - five-year-old Cora, three-year-old Dawson, and eight-month-old Callan - inside their family home in January 2023, she has also claimed she was under the influence of postpartum psychosis and therefore, not criminally responsible for her actions.

The prosecution says otherwise, painting the picture of a mom who killed her children after formulating a plan, and then attempted to take her own life afterwards.

The 12 jurors, consisting of nine women and three men, have the option to choose either not guilty, not guilty by reason of insanity, first-degree murder, second-degree murder, or manslaughter.