DVD Jon retrial begins today (Register)
Posted Dec 2, 2003 18:19 UTC (Tue) by
docolczyk (guest, #14874)
In reply to:
DVD Jon retrial begins today (Register) by sethg
Parent article:
DVD Jon retrial begins today (Register)
>In the US, a defendant who is found guilty of a crime can appeal to a >higher court, but a verdict of not-guilty cannot be appealed. (As you >say, the government can try to nail the defendant again with a civil >trial.) Judging from the Register article, Norwegian defendants do not >have the same protection.
Before submitting comments, it helps that you actually *know* what you
are talking about.
In the US criminal system, the principle factor for retrials is not trials or verdicts, but jeopardy. You cannot be put in jeopardy twice. This is
usually the case when the judge dismisses a case "with prejudice", usually
this happens after a verdict or when a judge dismisses a case for a failing
of the prosecutio. The judge usually does this after a jury is sworn in but not before.
This means that you can indeed be retried after a not guilty verdict.
Typically this happens in cases where a judge was bribed, a jury member
was bribed or threatened or awitness was tampered with. This is because
the defendant, having rigged the trial was never in jeopardy. ( Thus the
name. )
Even in cases where the judge does everything right and there is no defense
misconduct, jeopardy might nopt be attached. Take the case of Lisa Michelle
Lambert, who was found guilty, then let go on appeal. Only to be imprisoned
again, after an appeals court found that the appeal was inappropriate. (
The Federal case was heard before all local appeals were exhausted. )
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