(June 27, 2018 at 8:23 pm)mh.brewer Wrote:(June 27, 2018 at 4:32 pm)johan Wrote: So let say I've got a restaurant. Let's also say I've got a wife. Let's say that one day while I was at work, a guy broke into my house and raped my wife and infected her with HIV. He was caught and arrested, and found guilty at trial. He appeals and his lawyer manages to find some small technicality that the prosecutor screwed up on so the verdict is over turned and he's a free man.
Next day he walk into the restaurant and wants me to cook for him. Judge me all you want but no way am I serving that piece of shit anything.
Why didn't the prosecutor retry the case, or have you already knee capped him?
Double jeopardy would come into play here. The case was tried and went to the jury where a decision was rendered. Once that happens, you then need to go through the appeals process, which is evidently how the case got overturned.
Double jeopardy laws prevent the same person from having the same case tried against them twice, once a verdict has been returned.
Disclaimer: I am only responsible for what I say, not what you choose to understand.
