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Why is that a terrible quote? Remember, there's a reason that the process and traditions are followed. It helps provide (theoretically) a uniformity of enforce
by angersock 11y ago
Why is that a terrible quote?
Remember, there's a reason that the process and traditions are followed. It helps provide (theoretically) a uniformity of enforcement.
In the case of your quote, the exact same mechanism for "evidence found after the trial changes to innocence" is quite possibly used for "evidence found after the trial changes to guilty". It nudges up against double-jeopardy.
There are other problems with such an approach.
- sokoloff 11y agoThe Fifth Amendment (which bars double jeopardy) is asymmetric. (I believe it is so by design and intent.) A slippery slope evidentiary argument that would tend to exonerate is not a concern that it would later be applied to retry or change to guilty a previous acquittal, IMO. The courts have been quite clear on this.