Ashton Kutcher Resigns From His Anti-Child Sex Abuse Organization
www.etonline.com
Kutcher apologized to the Thorn board following the news that he had written a letter in support of convicted rapist Danny Masterson.
  • treefrog
    71·
    9 months ago

    It has to be unanimous. A split decision is not an acquittal anymore than it’s a conviction.

    • Nahvi@lemmy.worldEnglish
      111·
      9 months ago

      That makes sense, but the 5th amendment doesn’t mention conviction or acquittal.

      Seems plain and clear that a retrial is being put in jeopardy a second time. Even my former justification of jury tampering doesn’t seem to hold up to that measure.

      • treefrog
        21·
        9 months ago

        He can appeal based on these grounds.

        Rather or not he wins would depend on how reasonable it was for the judge to declare the first mistrial.

        Anyway, a mistrial does not apply to the fifth amendment. It’s not double jeopardy if the first trial is declared void.

        In other words, a mistrial is not a trial. It’s a dud and everyone is allowed to start again.