4 ms·
What if they let him walk now, and then in 5 years stumble into evidence that could get him convicted. Could they retry him later? If so, that seems like a bett
by mcbits 10y ago
What if they let him walk now, and then in 5 years stumble into evidence that could get him convicted. Could they retry him later? If so, that seems like a better strategy than jumping into a retrial now with what is apparently not enough of a case to re-convict.
- AnkhMorporkian 10y agoIANAL, but I don't believe that's possible. The clock started ticking when they brought the original charges, and I don't think they can stop it now just because possible evidence may come out later.
- ViViDboarder 10y agoI'm pretty sure that new evidence always means new charges can be brought. Also, I don't believe there is a statute of limitations for murder.
- cormacrelf 10y agoUh, guys. Fifth Amendment. Double jeopardy. No person shall "be subject for the same offense to be twice put in jeopardy of life or limb." In plain terms, you can't (in general) be tried again for the same crime after you are acquitted. It wasn't a felony murder, so it can't even be tried in a different jurisdiction (federal). The protection isn't altered when new evidence comes to light.
- mcbits 10y agoThey already convicted him, so they could just leave him in prison instead of risking double jeopardy. What I'm curious about is whether they can release him without a new trial and without anything like an acquittal, basically resetting to "investigation" status indefinitely. It doesn't seem like the right to a speedy trial would be violated, since he would be free and not part of a prosecution during that time, which would likely be forever.
- venomsnake 10y agoDoes retrial means acquitted? Or just that the previous is nullified?
- CPLX 10y agoDouble jeopardy is irrelevant in this instance, as it generally is in instances where a judge orders a new trial. Had it gotten to the point where a jury actually acquitted him it would be a different story, but that didn't happen.
- jessaustin 10y agoThis (mis)reading of 5A would seem to preclude all retrials. The judge vacated the previous verdict. It no longer exists. The retrial, whenever it occurs, will be single jeopardy. If the retrial doesn't happen soon (rather, soon after the appeals process is done), the State will be obliged to release Syed. Actually he might get bail in the meantime anyway.