Police gets away with choking and shooting people to death, some of it on tape, so this verdict is sad, but not surprising. One thing that I found odd, though, was "A third officer, who was actually the first to go on trial, saw a mistrial declared in December after the jury couldn't reach a verdict. That officer is set to be re-tried later this year."
I thought if there's a mistrial the DA has to introduce new evidence in order to start another trial, otherwise the defendant gets off. Is that what happened here?
"Police gets away with choking and shooting people to death, some of it on tape, so this verdict is sad, but not surprising."
Very true.
"I thought if there's a mistrial the DA has to introduce new evidence in order to start another trial, otherwise the defendant gets off. Is that what happened here?"
I'm certainly not a lawyer so I could be wrong here (+ not American either, LOL), but from what I read in response to your question, the U.S. Supreme Court has long held that the fifth amendment does not bar retrial following a mistrial as a result of a hung jury.
I'm not a lawyer and far from an expert, just a true crime buff and trial watcher. And my understanding is that if a mistrial is declared due to a hung jury, then yes, retrial is definitely permissible.
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I thought if there's a mistrial the DA has to introduce new evidence in order to start another trial, otherwise the defendant gets off. Is that what happened here?
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Very true.
"I thought if there's a mistrial the DA has to introduce new evidence in order to start another trial, otherwise the defendant gets off. Is that what happened here?"
I'm certainly not a lawyer so I could be wrong here (+ not American either, LOL), but from what I read in response to your question, the U.S. Supreme Court has long held that the fifth amendment does not bar retrial following a mistrial as a result of a hung jury.
http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9432&context=penn_law_review
If anyone more knowledgeable wants to correct me, go ahead, LOL. :)
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