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To: bk1000; Froufrou; Bloody Sam Roberts; GrandEagle

>>>>How can she be tried a second time for the same offence? Isn't that double jeopardy?

Double jeopardy only applies if there is an actual decision in the first trial. As the Jury deadlocked, there was no decision, and she can legally be retried.

patent


19 posted on 10/28/2005 10:21:31 AM PDT by patent (A baby is God's opinion that life should go on. Carl Sandburg)
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To: patent
Still doesn't seem right. Keep trying until something sticks?

as the TV commercial says - "that ain't right".
23 posted on 10/28/2005 10:24:40 AM PDT by GrandEagle
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To: patent

>>>Double jeopardy only applies if there is an actual decision in the first trial. As the Jury deadlocked, there was no decision, and she can legally be retried. >>>

They only deadlocked on the lessor charges, the homocide charge was as aquittal.


85 posted on 10/28/2005 11:58:20 AM PDT by sandbar
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To: patent
Double jeopardy only applies if there is an actual decision in the first trial.

There was, an acquital on first degree murder charges for the offense of killing him.

Now they convicted her of voluntary manslaughter for the offense of killing him.

Different charges, same offense. Shouldn't last 30 minutes in an appeals court.

If they had convicted her on a charge regarding another offense, it would have been ok. As it is, this is as clear a case of double jeopardy as you will ever see.

Of course, they do it all the time in politically charged cases.

96 posted on 10/28/2005 12:47:09 PM PDT by hopespringseternal (</i>)
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To: patent
Double jeopardy only applies if there is an actual decision in the first trial. As the Jury deadlocked, there was no decision, and she can legally be retried.

The first jury found her not guilty of first degree but deadlocked on the lesser includeds. According to this law school lecture, she can't be retried:

The term "double jeopardy" refers to the "danger" of a second punishment whenever an individual is brought to trial again for the same crime (or a greater or lesser included crime). This means that there cannot be a second prosecution for the same criminal act (both in fact and in law) upon which a first prosecution was based. The accused must be released and the case dismissed. The challenge is determining what constitutes the "same" crime for double jeopardy purposes. Some of the simpler examples include:

119 posted on 10/28/2005 7:30:58 PM PDT by cynwoody
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