06-20-2011, 05:00 PM
(06-20-2011, 04:54 PM)Teacher Wrote: I am confused about double jeopardy. I thought it meant that one could not be tried twice for the same murder. If it is a mistrial, then she would not be convicted of murder by the jury. How can she "walk"? Hope that made sense.
double jeopardy would attach if there was a mistrial due to the court's or state's misconduct. in that event, she goes free, cannot be tried again. conviction would not be necessary. she was still in legal jeopardy of loss of freedom and life and they got their shot at her.
BUT
if it is due to her (defense) misconduct, then it does not apply.
does that make sense?
