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PostPosted: Sat Jun 17, 2017 8:34 pm 
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Without taking a side in the Cosby case, the man was tried and the jury could not muster the 12 man majority for a conviction. It would seem that retrying the case would constitute double jeopardy. I know that this is often done, the Menendez Brothers was a notable example but what is the legal justification?

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PostPosted: Sat Jun 17, 2017 8:40 pm 
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You'd have to get a "not guilty" verdict to trigger double jeopardy. But even if so -- they only tried him for raping one woman, correct? Even if he got the not guilty, could they then just charge him with the rape of a different woman? Maybe one of the forum lawyers can clarify.

I was once on a jury that hung. It was one of the most frustrating experiences of my life. There were a couple guys on the jury that were almost brian-like with their cluelessness and idiocy. No argument, no matter how well reasoned and documented, would sway them. This was right after OJ, and the talk of the town was all about DNA evidence. The prosecution didn't do a DNA test because they felt it was fairly tight, and DNA testing at the time was very expensive. So, we hung, the prosecution got the DNA test, the scumbag was retried and convicted.

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PostPosted: Sat Jun 17, 2017 9:16 pm 
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All the other alleged rapes are past the statute of limitations. This is the only case that they can take to trial. As weak as it is it should have never made it to trial. No way could I convict someone of rape when the victim kept a relationship with the rapist long after the supposed rape.

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PostPosted: Sat Jun 17, 2017 9:28 pm 
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tlhoy wrote:
All the other alleged rapes are past the statute of limitations. This is the only case that they can take to trial. As weak as it is it should have never made it to trial. No way could I convict someone of rape when the victim kept a relationship with the rapist long after the supposed rape.



Exactly.

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PostPosted: Sat Jun 17, 2017 9:35 pm 
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I've served on 3 juries. If you want a conviction, you have to manipulate the clueless bastards into thinking it was their brilliance that delivered it. Pathetic, really.

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PostPosted: Sat Jun 17, 2017 11:03 pm 
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Double jeopardy, like any Right, is not an absolute. Freedom of Speech does not extend to yelling fire in a crowded theater, or inciting violence. However, very often a mistrial created by prosecutorial misconduct will result in double jeopardy attaching. The controlling Supreme Court precedent is United States v. Perez (1824), which held that a second trial does not violate the defendant's constitutional rights as long as the trial judge has declared a mistrial in the first proceeding based on "manifest necessity." There is no mechanical formula to determine whether a new trial is a "manifest necessity"; rather, in Perez, the Court merely required the trial judge to exercise "sound discretion" in making that decision.

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