ZeroCool@feddit.ch to News@lemmy.worldEnglish · 9 months agoAshton Kutcher Resigns From His Anti-Child Sex Abuse Organization Amid Danny Masterson Support Backlashwww.etonline.comexternal-linkmessage-square257fedilinkarrow-up1812arrow-down119
arrow-up1793arrow-down1external-linkAshton Kutcher Resigns From His Anti-Child Sex Abuse Organization Amid Danny Masterson Support Backlashwww.etonline.comZeroCool@feddit.ch to News@lemmy.worldEnglish · 9 months agomessage-square257fedilink
minus-squareNahvi@lemmy.worldlinkfedilinkEnglisharrow-up1arrow-down11·9 months agoThat 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.
minus-squaretreefroglinkfedilinkarrow-up2arrow-down1·9 months agoHe 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.
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.
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.