ZeroCool to NewsEnglish • 1 year agoAshton Kutcher Resigns From His Anti-Child Sex Abuse Organization Amid Danny Masterson Support Backlashwww.etonline.comexternal-linkmessage-square253fedilinkarrow-up1812arrow-down119
arrow-up1793arrow-down1external-linkAshton Kutcher Resigns From His Anti-Child Sex Abuse Organization Amid Danny Masterson Support Backlashwww.etonline.comZeroCool to NewsEnglish • 1 year agomessage-square253fedilink
minus-square@[email protected]linkfedilink6•1 year agoIt has to be unanimous. A split decision is not an acquittal anymore than it’s a conviction.
minus-square@NahvilinkEnglish-10•1 year 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-square@[email protected]linkfedilink1•1 year 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.
It has to be unanimous. A split decision is not an acquittal anymore than it’s a conviction.
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.