Originally posted by mstng86
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OJ Simpson confesses murder!!!
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Originally posted by ALLAN View PostThey nailed John Edwards
Best investigative reporting on the planet. But go ahead, read the New York Times if you want. They get lucky sometimes.Originally posted by STANGGT40 View Posti think of them the same way, but they break some true stories every now and then...they're the ones that busted john edwards, back in 07/08. ya never know...Originally posted by Grimpala View PostI know it's the National Enquirer and all, but they did bust John Edwards a few years back. Sometimes they have credible information.
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Originally posted by 71chevellejohn View PostThey may be able to try him for perjury(depending on statute of limitations) but he can't be tried again for homicide.
StevoOriginally posted by SSMAN...Welcome to the land of "Fuck it". No body cares, and if they do, no body cares.
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Originally posted by stevo View PostThe only time someone can be retried is if new evidence is found, correct? Wouldn't a public confession be new evidence?
Stevo
The double jeopardy rule arises from the Fifth Amendment to the United States Constitution, the relevant clause of which reads: "[no person shall] be subject for the same offense to be twice put in jeopardy of life or limb".
This clause is intended to limit abuse by the government in repeated prosecution for the same offense as a means of harassment or oppression. It is also in harmony with the common law concept of res judicata which prevents courts from relitigating issues which have already been the subject of a final judgment.
More specifically, as stated in Ashe v. Swenson, 397 U.S. 436 (1970): "...when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit." Res judicata is a term of general application. Underneath that conceptual umbrella is the concept of collateral estoppel. As applied to double jeopardy, the court will use collateral estoppel as its basis for forming an opinion.
There are three essential protections included in the double jeopardy principle, which are:
being tried for the same crime after an acquittal
retrial after a conviction, unless the conviction has been reversed, vacated or otherwise nullified
being punished multiple times for the same offense
This rule is occasionally referred to as a legal technicality because it allows defendants a defense that does not address whether the crime was actually committed. For example, were police to uncover new evidence conclusively proving the guilt of someone previously acquitted, there is little they can do because the defendant may not be tried again—at least not on the same or a substantially similar charge. Fong Foo v. United States, 369 U.S. 141 (1962).
Although the Fifth Amendment initially applied only to the federal government, the U.S. Supreme Court has ruled that the double jeopardy clause applies to the states as well through incorporation by the Fourteenth Amendment (Benton v. Maryland).
Jeopardy attaches in a jury trial once the jury and alternates are impaneled and sworn in. In a non-jury trial jeopardy attaches once the first evidence is put on which occurs when the first witness is sworn.
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Originally posted by reytx1 View Posthttp://www.nesn.com/2011/06/report-o...n-simpson.html
Although we already knew the truth, the fact that he came clean is shocking!
Discuss.US Politics in three words - Divide and Conquer
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