Blogo and the loophole of "double jeopardy".
One thing that has always bothered me about our court system is allowing a "non-decision" a "hung jury" to retry someone. I have never liked that.
Blogo is one example. But re-trying someone happens all the time with "hung juries".
I don't understand why that is constitutional.
I think the only instance a re-trial should be allowed is when the defense upon appeal shows a court that the guilty verdict had a flaw in the process.
But a "hung jury" is still a decision "we cant decide".
I find it nothing more than a loophole to allow government to keep coming after you when they were unable to prove you guilty.
I know that precedence has established a "hung jury" as not violating double jeopardy, but I have never been comfortable with it. It seems nothing more than a loophole to allow government do-overs.
I think the government should only be allowed one shot at it and "hung jury" should still count as the "one shot'.
To me this isn't about one case or one person, but long term what kind of society and government we want to live under. We have limitations on how long government can have to bring charges against someone to protect us from an over zealous government.
"Not guilty" in a literal sense does not mean they didn't do it, but that the court did not prove it's case. How is "hung" any different? If the court had proven it's case the verdict would have come back guilty.
The only time to me that it is acceptable to retry someone is when they have been convicted and a flaw has been proven in the process of that conviction.
I think it is wrong to give the government more than one shot when the jury did not come up with a guilty verdict.
"hung jury" to me is a loophole allowing "double jeopardy" to be pissed on.
Please don't bring up Blogo. He is just merely a title to draw you into the subject matter.
I am uncomfortable with allowing another trial after a jury has said to the court their case was not proven.
"We are a nation of Christians and Muslims, Jews and Hindus -- and nonbelievers."Obama
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