- cross-posted to:
- luigimangione
amp-cnn-com.cdn.ampproject.org
- cross-posted to:
- luigimangione
OH YEAH THEYRE TALKING ABOUT IT NOW
Please do not remove mods, really sorry for the Google AMP link, but this is a “subscribers only” blocked article on CNN that for some reason AMP just straight up bypasses and opens fine.
Direct link: https://www.cnn.com/2025/01/10/us/jury-nullification-luigi-mangione-defense/index.html.
Edit 1: updated title, CNN changed it on me
I am going to cross fingers for it, but wouldn’t the state just resue in a higher court?
I really don’t think that even a dem controlled supreme court would allow it, but a republican one? We will be lucky if Luigi isn’t yahoo-ed
It’s not a law suit. It’s a criminal trial. The principal of double jeopardy says that an acquittal by a jury is final. The defendant can’t be charged over the same crime again. They go free and clear.
Which is why it’s a little crazy that they’re hitting him with both 1st degree murder and 2nd degree murder in one go. If he goes free, wouldn’t this mean they couldn’t try charging him under 1st or 2nd?
Ok this one needs explaining to me as a non American isn’t there different criteria for 1st and second degree?
The charges for murder vary by State. Here’s a New York lawyer explaining Murder 1 vs Murder 2 as it relates to New York State law. Murder 2 is regular premeditated murder. Murder 1 is murder with the intent of influencing or intimidating government ie. Terrorism. The lawyer in this interview suggests the Terrorism charge is, ironically, politically motivated, but it will be difficult to actually prove beyond a doubt that Luigi’s intentions were to change government policies and not just get even with someone he disliked.
In most places murder 1 is premeditated murder and murder 2 is manslaughter. Murder 1 in New York is different.
Wow never heard of m1 being used as terrorism thank you
The jury makes a decision on both separately.
Charging with both gives the jury 2 options. If they don’t think it was premeditated and planned enough to convict on 1st degree, they can choose to convict on 2nd degree instead.
If the prosecution only charged him with 1st degree, the jury wouldn’t have any other option. And if acquitted on 1st, he couldn’t be tried again under 2nd degree.
So time/money saving excersize? Don’t get 1st saves doing the whole circus again for 2nd
Thanks
No, because the constitution prohibits double jeopardy.
Pls correct me, but you can challenge a ruling for mistrials, can’t you?
And the higher court decides the legitimacy of the prev ruling, right?
Jury nullification means acquittal, and you cannot retry someone after acquittal.
Also prosecutors generally cannot appeal an acquittal.
Non-lawyer but…
If a jury comes to a conclusion then the defendant is not guilty then it’s game over. A mistrial had to be called before deliberation happen, and that would have to have some material misconduct during the trial, not just ‘I think we gonna lose’. A guilty verdict could be appealed but that appeal is only to decide if the case was conducted fairly (for a retrial request) or to assess the validity of a sentence.
Basing it off some time I did a lot of legal/court adjacent work for a few years, but I’m pretty sure that’s right.
Assuming the trial results in a hung jury the state can refile the case over and over again - but if the outcome isn’t viewed as a fluke then it’s just a huge waste of money.
To clarify a hung jury and jury nullification are different things. The most likely outcome is probably a hung jury and I’d rate a non-guilty declaration as more likely than a guilty declaration.
Mistrials and appeals only work for a guilty verdict. They aren’t an option for a not guilty verdict.