On Tuesday, February 18, 2014 9:12:04 PM UTC-5, Oren wrote:
On Tue, 18 Feb 2014 20:02:47 -0500, Kurt Ullman

wrote:



She tried to sell the jury on 1st degree murder and that muddied the

water on the first shot. The jury agreed that continuing to shoot

after the threat was gone was a crime.



They are talking about refiling the 1st degree charge. Since he was

already convicted, how is that not double jeopardy?



Good question. Does a hung jury prevent another bite at the apple vs

a not guilty verdict, which would be double jeopardy.



With a hung jury the prosecution can retry as many times as they
want to try. DJ only applies if they are found guilty.



Feds could come with a civil rights violation, which would not be

double jeopardy as it would be a court of a different jurisdiction.



Yes, and that's always been something that doesn't seem quite right.
You could be found not guilty of say murder and then, if you happen to
be the wrong color, the feds could come after you for a civil rights
violation. Sure sounds like double jeopardy there to me.




If the verdict was not guilty, yes it would be double jeopardy in the

same jurisdiction. IME.

Yes.