Oregon v. Kennedy, 456 U.S. 667 (1982), was a United States Supreme Court decision dealing with the appropriate test for determining whether a criminal defendant has been "goaded" by the prosecution's bad actions into motioning for a mistrial.

Ordinarily, a defendant who requests a mistrial can be forced to stand trial a second time, see United States v. Dinitz.

The Court emphasized that only prosecutorial actions where the intent is to provoke a mistrial — and not mere "harassment" or "overreaching" — trigger the double jeopardy protection.

"Based on this exchange, Kennedy moved for a mistrial, and the trial judge granted the motion.

When the state then attempted to retry Kennedy, he moved to dismiss the charges because of double jeopardy.