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Double Jeopardy [1] applies. If they had a better charge they should have brought it. You can't be tried multiple times for the same incident. [1] https://en
by cogman10 1y ago
Double Jeopardy [1] applies. If they had a better charge they should have brought it.
You can't be tried multiple times for the same incident.
[1] https://en.wikipedia.org/wiki/Double_jeopardy https://en.wikipedia.org/wiki/Double_jeopardy
- mmooss 1y agoIn the US you can't be tried multiple times on the same charges for the same incident by the same government body. You can be tried by both the federal and the state governments, separately, on the same charges (that is, on equivalent federal and state charges). I think you can be tried for the same incident, by the same government body, on different charges.
- cogman10 1y ago> I think you can be tried for the same incident, by the same government body, on different charges. Yeah, reading through the wiki on it, it appears you are correct. That usually does not happen just because it's costly.
- burnt-resistor 1y agoInterestingly, when a case is dismissed without prejudice, for mistrial, or appeal, it can be retried again and again. Flowers endured six trials with 2 mistrials and 4 capital convictions and 4 appeals including an overturn by SCOTUS. He can still be prosecuted for the 7th time.
- BobaFloutist 1y agoTo be fair, there are absolutely situations where the court should be able to say "This particular trial was a shitshow and we're throwing it out, but there should still be a trial." Say, if the defendant has a malicious or incompetent defense attorney, it's fair that both they don't have to suffer the harm of that being their final chance to defend themselves but also the government doesn't have to just fully acquit them forever because their counsel sucked. Either alternative would lead to some pretty absurd incentives.