2007-03-13 12:49:36 · 19 answers · asked by number 1 2 in Politics & Government ➔ Law Enforcement & Police
Once a jury acquits, the constitution guarantees no one can be tried a second time FOR THE SAME CRIME. If they get evidence he has done something else, he can be tried again.
The reason he was acquitted is because Mark Fermann mishandled the blood evidence. Blame it on an overzealous white cop.
2007-03-13 14:35:34 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Paul G and the rest who stated "double jeopardy" is absolutely correct. The U.S. Constitution applies to ALL courts, federal, state, district, municipal, whatever. If a person is found guilty, they have the right to an appeal to a higher court; theoretically all the way to the Supreme Court. However if a person is found not guilty, he cannot be tried again. In the case of a "hung jury" or a mistrial, another trial can take place and new evidence brought forth.
2007-03-13 14:25:44 · answer #2 · answered by LawDawg 5 · 0⤊ 0⤋
Under the US Constitution there is a thing called "double jeopardy" which simply put states that once an individual is acquitted ( found not guilty) before a court of competent jurisdiction in a criminal matter, they are precluded from being charged and prosecuted for that same crime again. That is why you frequently see when a person is acquitted in a criminal case, he/she is frequently subjected to civil suits. If you can't get them criminally, get them civilly.
2007-03-13 13:42:20 · answer #3 · answered by Paul G 2 · 0⤊ 0⤋
Double jeopardy. He's already been found not guilty by a jury of his peers.
Should the state find more evidence, they could try him again, but I think they'd be unable to use the evidence from the first trial.
2007-03-13 13:02:06 · answer #4 · answered by BDZot 6 · 0⤊ 1⤋
the law protects citizens against double jeopardy. In OJ's case t would be triple jeopardy.
2007-03-13 13:22:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Well there is something called a controlled crime scene inwhinch it wasn't, 2nd the storage of perishable evidence and how was it collected and stored ie blood samples trace evidence. Who was in control of scene? Whom protected scene/ what was response times for everybody? What was prior dealings with police? I am former lawenforcement and heavily trained at multible levels of law. PS I hate lawyers!
2007-03-13 13:40:13 · answer #6 · answered by Judi 1 · 0⤊ 0⤋
Double jeopardy. One cannot be tried for the same crime twice. In his case, he was acquitted once, meaning found guilty, so he cannot face criminal prosecution again. He was however found guilty in the civil suit.
2007-03-13 13:40:03 · answer #7 · answered by Rhode Island Red 5 · 0⤊ 0⤋
It would be called double jeopardy. By law, a person can't be tried twice for the same crime.
2007-03-13 12:57:45 · answer #8 · answered by Curious_Camo_Jess 5 · 1⤊ 0⤋
would not meet the definition of aggrevated attack using fact the victims the two died. the only highway left is a civil rights violation case of the victims during the feds, very resembling the KKK murders of the 60's. would not happen hence however using fact the victims weren't murdered using race, yet out of anger.
2016-11-25 01:29:46 · answer #9 · answered by ? 4 · 0⤊ 0⤋
He was acquitted, so the double jeopardy rule applies, and he can now even openly admit his guilt without reprecussions.
2007-03-14 00:55:55 · answer #10 · answered by WC 7 · 0⤊ 0⤋