The USupreme Court throws away your right against double jeopardy

by JerryM | August 22, 2012 at 09:02 am
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The U.S. Supreme Court has ruled that it is O.K. for prosecutors to re-prosecute someone who was acquitted of a particular charge, such as First Degree murder. The catch is that there has to be at least one charge that the jury couldn't reach a verdict on, either being acquital or guilty.

See, if a prosecutor gives a jury 40 things to charge the accused with (starting with examination by the jury from the most serious charge down to lesser charges) and 39 of them end in acquital but the last one is for something as mild as disorderly conduct; and the jury still can't come to a final decision on that last charge, than there is officially no final verdict on the other 39 charges.

This disregards the fact that in many states there are laws that state there should be a partial verdict. Indeed, the 5th Amendment states, "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb."

This seems to state that even if there is a hung jury or mistrial, that the person should not be prosecuted once again. But, the Court has said that even if an acquital, than re-trial is O.K. We are tossing out of constitutional protections and rights, as we speak.

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