Skip to main content

View Diary: Black Kos, Tuesday's Chile (235 comments)

Comment Preferences

  •  no way to argue for it being a mistrial? (3+ / 0-)

    would that have to come at a different point in the trial process, then?

    •  No (3+ / 0-)

      This is too-simply stated, because it's too hard to really explain, but the state does not have the same right to a "fair jury trial" that an accused has.  It stems from the fact that the burden of proof never leaves the State, no matter what.  And once a judgment of acquittal comes from a jury, that's it because of double jeopardy. The only exception from the retrial bar is, possibly, if it can be proven conclusively that the criminal defendant was NEVER in jeopardy of a conviction because of misconduct (and so far as I know, that's only been found one time in connection with a judge that was bribed in a case that was not tried before a jury.)

    •  Once jeopardy "attaches" no retrial is allowed. (3+ / 0-)

      And although the moment jeopardy attaches isn't always completely clear, it's certainly attached once the case goes to the jury.  Here, Zimmerman's been acquitted and that conclusively bars his retrial on the same charges.

      So unfortunately, this asshole is free as a bird after killing an unarmed kid.

      "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

      by FogCityJohn on Tue Jul 16, 2013 at 10:51:27 PM PDT

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site