DIYbanter - View Single Post

83LowRider

wrote:

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

Double jeopardy is when you've been found innocent.
Once found innocent of a crime, you cannot be later
charged with that same crime.

Feds could come with a civil rights violation, which would not be
double jeopardy as it would be a court of a different jurisdiction.

It would have to be a different charge entirely. If he is found innocent
of say murder, he cannot be charged again for that murder. Feds
may try to step in and say there is a civil rights violation, but they
cannot prosecute him for the crime of murder. OJ was found
guilty in a civil court after his state prosecution whose primary
function is to compensate for losses incurred.

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.

The OJ example addresses this. Criminal proceedings are meant
to be punitive.... civil cases are to address loss/compensation.