Aquittal obtained through unethical practices by the attorney
2007-07-18 15:25:52 · 5 answers · asked by ritabrannonrita 1 in Politics & Government ➔ Law & Ethics
No, that would be double jeopardy. What you can due is try the person on charges of perjury if they lied under oath.
2007-07-18 15:34:42 · answer #1 · answered by Michael C 7 · 1⤊ 0⤋
No. That would turn the legal system into a political tool to harass the unpopular by filing the same charges again and again. Or just keep the Defendant in prison by continously filing appeals.
Better to make it clear to prosecutors that they'd better bring their "A" game when they are up against a competent defender.
The State is not without recourse, in any case. Unethical practices, such as jury or witness tampering are serious felonies in their own right. And there are a number of practices that could open both Attorney and Defendant to charges of Conspiracy and Obstruction.
"It is better that a thousand guilty men go free than that a single innocent be convicted. For, if Innocence itself be no defense before the Bar of Justice, then men will say, "It matters not what I do." And then, we shall have no Security."--The Federalist Papers
2007-07-18 15:37:26 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Unless you can prove the attorney committed fraud, an acquittal is final.
2007-07-18 15:33:31 · answer #3 · answered by Anonymous · 1⤊ 1⤋
One has to prove their was malpractice by the attorney, and one usually needs a new trial..Very tough to do...
2007-07-18 15:34:13 · answer #4 · answered by commonsense2265 4 · 1⤊ 0⤋
you sound dumb
2007-07-18 16:42:03 · answer #5 · answered by melissa k 1 · 1⤊ 0⤋