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Forum - Dearest Muertos: How do cases get overturned in the US?
Tags: Heavy Metal, Ask Muertos, law, legal troubles, lawyers [ Add Tags ]
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| The Real Roxette | Posted: Jul 06, 2011 - 10:59 |
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 There ARE more sluts in public schools. Shut up and let me explain. Level: 8 CS Original | Now I'm no legal expert, especially not on US law, but I was wondering how cases get overturned, specifically in criminal cases. I know that from watching Unsolved Mysteries that civil case results can be overturned, but what about like: http://conspiracies.skepticproject.com/forums/topic/casey-anthony-not-guilty-say-whaaaaaaaaa</p> Because of double jeopardy is she "not guilty" forever, and no overturning the results possible? Thank you! | |||||
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| Muertos | Posted: Jul 06, 2011 - 11:18 |
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 Paid Disinformation Blogger Level: 14 CS Original | I haven't been following this case, but reading the link to the news story in that other topic, I'm pretty sure she's going to walk. The prosecution cannot appeal a not guilty verdict because of the double jeopardy rule. Their best hope, if they knew they were losing, would have been to move for a mistrial before the jury went out (I suspect they did--it's a routine motion). Once the jury comes in not guilty, you're stuck. If they charged her on a separate crime they might be able to get her. For example I understand, what little I know about this case, that there were two kids killed. If they only charged her with one murder, and then decided to try the other, she'd start all over again on that specific crime. However it's rare to do this although it is sometimes done. The murder case that Vincent Bugliosi defended (successfully), about the double murder on Palmyra Island in the 70s, was done that way. There were two victims but they only found one of the bodies. They charged the defendant with one murder, and she was acquitted, but the prosecutors have said that if they ever do find the second body they'll charge her with that crime. | |||||
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| Agent Matt | Posted: Jul 06, 2011 - 11:31 |
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 Genuine American Monster Level: 70 CS Original | I've been reading about the case all morning. There's absolutely no hard evidence that Casey Anthony murdered her daughter and that's where the prosecution fucked up. The prosecution wanted to convict her for first degree murder carrying the death penalty and relied on circumstantial evidence and photos of Casey partying to accomplish it. They failed, and rightly so. | |||||
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| Muertos | Posted: Jul 06, 2011 - 11:57 |
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Paid Disinformation Blogger Level: 14 CS Original | I don't know much about this case, but like everyone else in America I did watch OJ, and while I certainly think OJ is guilty, that case was the same thing Matt is describing here--a total prosecutorial screw-up. OJ didn't get off because the system is corrupt or because he had such awesome lawyers. Johnnie Cochrane wasn't even that great a lawyer. He got off because Marcia Clark and Gil Garcetti were horrible, horrible, horrible lawyers. They decided to try to build their case not on what really happened, but on what they thought would be easiest to prove, even though that wasn't what really happened. When you do that you're screaming for a not guilty verdict because the jury is in the position of saying, "Well, he's guilty, but our legal duty is to determine whether the prosecution proved their case, and they didn't, so I guess he gets off." Which is exactly what happened with OJ. | |||||
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