Question:
BLAGOJEVICH - I hear the feds want to RE-TRY him. Why is that not DOUBLE JEOPARDY ?!?!?!?!?
Godspeed
2010-08-17 15:42:39 UTC
How many times are they allowed to RE-TRY him?
I used to think that trying a person twice for the same crime is double jeopardy, and not allowed. But apparently because the jury was not unannomous the feds get to re-try him. Isn't this unfair? Just how many free shots do they get at an American citizen?
Seven answers:
nas88car300
2010-08-17 16:00:02 UTC
he was found guilty on one count

the rest was a hung jury in whicjh a mistrial can be assesd and be re-tried

Double Jeopardy is being charged with the same crime twice

not being re-tried
tb03sb37
2010-08-17 22:47:59 UTC
For it to be double jeopardy, there would need to be a verdict on whatever they're retrying him for. The jury was hung on 23 counts, so he can be retried under a different jury, with more/different evidence. He cannot be retried on the one count he was declared guilty of.
J-Flow
2010-08-17 22:48:29 UTC
Double Jeopardy is not tried twice for same crime...it's that you can't SERVE time twice for the same crime. If he was found guilty, served a sentence (or not), so long as he would have been would guilty, he could be tried again (in theory), but he couldn't serve anymore time. Hope that can be understood.
Brian G
2010-08-17 22:52:06 UTC
Technically, his trial is not over yet because there was no agreement on the verdict and the charges were not dismissed "with prejudice."



I remember a case in Arkansas where a farmer shot two DEA agents who were committing armed trespass on his land. (Not fatally, unfortunately.) As one might imagine, local sympathies were strongly in his favor. He was tried 5 times before they gave up trying to convict him. Before all you people who like this police state start squalling that he "got away with it," consider that this consumed years of his life and bankrupted him.



As for that scumbag Blegojevich, considering his past history I suspect that he got to some jurors and bribed them to vote "not guilty." So I hope they do try him again. And again and again, if necessary.
Joel
2010-08-18 16:13:31 UTC
I'm not a huge Blago fan, but it seems unfair to him...if a jury can't convict with a unanimous vote, can they keep trying and trying and trying until they find a jury that will convict? That doesn't make any sense to me.
anonymous
2010-08-17 22:49:53 UTC
i just asked that question not 30 seconds ago.you cannot be tried again for the same crime.its just the repugnants trying to bring everybody down they should face the music themselves.
anonymous
2010-08-17 22:44:49 UTC
He was not found not guilty so he can be retried.


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