Can someone explain our Legal System?

Started by Cricket, August 18, 2010, 04:26:06 PM

Cricket

There are quite a few smart legal-minded people on MJ who may be able to tell me how it is that a man who is found innocent of most of a Prosecution's charges (or cannot reach a conclusion on those charges) can thereafter be tried over and over again by the same court until he is found guilty of more charges. If a jury doesn't satisfy the court with the verdict that it seeks on the first go-around, is it just to find another jury that will?

BTW I am no fan of the Illinois governor.
"If we bring not the good courage of minds covetous of truth, and truth only, prepared to hear all things, and decide upon all things, according to evidence, we should do more wisely to sit down contented in ignorance, than to bestir ourselves only to reap disappointment."

NotNow

The jury did not find him "innocent".  It was a locked jury and, just as in a mistrial, the State can ask for a new trial.
Deo adjuvante non timendum

Cricket

Quote from: NotNow on August 18, 2010, 04:31:16 PM
The jury did not find him "innocent".  It was a locked jury and, just as in a mistrial, the State can ask for a new trial.

You missed the parentheses (or cannot reach a conclusion on those charges). Should the State be helll-bent on reaching a conclusion? And if a conclusion cannot be reached by a jury selected by both State and Defence what happens if the second jury also deadlocks.
"If we bring not the good courage of minds covetous of truth, and truth only, prepared to hear all things, and decide upon all things, according to evidence, we should do more wisely to sit down contented in ignorance, than to bestir ourselves only to reap disappointment."

Jumpinjack

I believe I heard today that the jury was ready 11-1 to convict on all charges. That's pretty convincing.

NotNow

If it happens again, the State will decide again whether a new trial is warranted.  This is a nationally watched case....with an 11-1 locked jury.  Of course it will be retried.
Deo adjuvante non timendum

buckethead

I could be persuaded to perform jury duty for a nominal fee.

Verdict results are negotiable.

The Clinton Administration would never have let things go this far.  ;)

Cricket

Quote from: NotNow on August 18, 2010, 05:09:57 PM
If it happens again, the State will decide again whether a new trial is warranted.  This is a nationally watched case....with an 11-1 locked jury.  Of course it will be retried.

At the taxpayers' expense. >:(
"If we bring not the good courage of minds covetous of truth, and truth only, prepared to hear all things, and decide upon all things, according to evidence, we should do more wisely to sit down contented in ignorance, than to bestir ourselves only to reap disappointment."

NotNow

Yes, as are all trials.  This is a LEGITIMATE, CONSTITUTIONAL use of government funds. Are you just as opposed to appeals by the convicted?
Deo adjuvante non timendum