Agreed that a new trial will never take place based on some of what you stated and other reasons such as the ex-senators age and what would a new trial accomplish for the government. However, what I posted regarding jeopardy and verdicts that a judge “sets aside” due to prosecutorial misconduct, was pulled right out of the law library. So technically, if the government really wanted to be a pain in his butt, they could go after him again.<quoted text>
Lets say we agree to disagree.
I believe that Double Jeopardy applys without question in this case.
He was tried and convicted by trial. The trial was over and done with verdict was in - guilty. The trial was not stopped before the verdict was in.
That resulting conviction was dismissed by a Federal Judge at the request of the State who committed the wrongful act leading to the dismissal. There will be no appeal of the dismissal. The State cannot appeal what they requested and Senator Stevens darn sure will not.
As double jeopardy applies only to charges that were the subject of an earlier final judgment, there are some situations in which it does not apply despite the appearance of a retrial. A second trial might happen in cases where the first trial ends prematurely without a judgment of guilt.
Also clear double jeopardy exists in this case because the Federal prosecutors were acting not as fair prosecutors of the law but knowly carried out a ‘sham” on behalf of the State.
There is no way that there ever will be a second trial using the same charges.
#43 Apr 7, 2009
#44 Apr 7, 2009
Thank for the intelligent postings even if we might disagree on some points.
#45 Apr 7, 2009
It is very interesting that in the State Governments the Attorney General is an elected position (at least I do not believe there are States that do not vote for the AG) and the US Government it is an appointed position by the party in executive power. Makes conflicts of interest a very real possibility. Unfortunately, I think changing it would require a constitutional amendment. But it would be a change that would be well worth it.
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