4 ms·
"The government can do infinite retrials, starving you of resources to maintain adequate representation" I remember reading about a guy who had 5 or 6 trials f
by spaetzleesser 4y ago
"The government can do infinite retrials, starving you of resources to maintain adequate representation"
I remember reading about a guy who had 5 or 6 trials for murder. The prosecutor just kept trying.
- shadowgovt 4y agoYou would have to give more details, because in general, that's the very definition of double jeopardy. Was it five or six hung juries?
- NovemberWhiskey 4y agohttps://en.wikipedia.org/wiki/Curtis_Flowers https://en.wikipedia.org/wiki/Curtis_Flowers is one example. Convicted four times, but with conviction overturned on appeal (including one time to the Supreme Court), plus two mistrials. The new DA declined to seek a seventh trial.
- shadowgovt 4y agoAh, that makes more sense. It isn't double-jeopardy when a conviction is remanded for re-trial (although why it's not is unclear to me in a common-sense sense).
- NovemberWhiskey 4y agoYou usually cannot appeal simply on the basis that you believe the jury made the wrong decision, i.e. on the basis of an error of fact. There has to be an error of law (e.g. the judge have a wrong jury instruction, or evidence was inappropriately allowed/excluded, or the trial was allowed to continue when a mistrial should have been declared) or other constitutional basis, like ineffective counsel. In some cases, appeal courts will decide that there could be no basis for conviction once the flaw is corrected (in which case a conviction can be reversed), but oftentimes the appropriate outcome is to remand the case back to the lower court for retrial.
- HWR_14 4y agoIt was Gotti, leader of one of the mafia families in NYC.