|If our courtrooms looked this good we’d want a second trial, maybe even a third…|
The Fifth Amendment of the U. S. Constitution prohibits the government from prosecuting individuals more than once for a single offense and from imposing more than one punishment for a single offense. The Constitution states, “No person shall . . . be subject for the same offense to be twice put in JEOPARDY of life or limb;” this is known as the Double Jeopardy clause.
Florida has its own constitutional double jeopardy provision which does not prohibit a defendant’s retrial when a prior trial has been concluded by mistrial because of a HUNG JURY (see Lebron v. State, 2001 WL 987233, 26 Fla. L. Weekly S553 (Fla. 30, 2001); West’s F.S.A. Const. Art. 1, § 9). http://www.law.fsu Lebron v State pdf
Criminal Defense Attorney and Trial Lawyer Pinellas, St. Petersburg, Clearwater, FL
Federal Crimes Trial Lawyer & Criminal Defense Attorney in Pinellas, St. Petersburg, Clearwater,Fl
JEOPARDY! Alex Trebek
Bill of Rights
Annotated Constitution Fifth Amendment
Why are the two men at the left with arms raised so upset? “I didn’t say Double Jeopardy…we ordered Double Espresso…” Can you find Ben Franklin? Good thing he didn’t bring that kite of his.
Oh, impartial jurors, please don’t tell the Court what you’ve decided until you actually render your verdict at the end of the case otherwise bad things will happen possibly even this unfortunate result….
The Supreme Court granted certiorari this morning in the case of Alex Blueford v. Arkansas,
Petitioner Blueford was tried on a charge of capital murder. During jury deliberations the jury forewoman, in open court, informed the court that the jury had voted unanimously against the capital murder charge and against the lesser-included charge of first-degree murder, but that it was deadlocked on the lesser-included offense of manslaughter. (oops!)
The court declared a mistrial, and subsequently ruled that double jeopardy did not prevent a retrial on all charges.
to the Arkansas Supreme Court, which affirmed. Blueford v. State, 2011Ark. 8, S.W.3d, 2011 WL 285805 (Ark. 2011).
Areas of Practice for Robert Hambrick – Attorney in Clearwater, FL
Criminal Defense Attorney and Trial Lawyer Crimes in Clearwater, FL
Definition: Certiorari, Petition for Writ of Certiorari. Legal Dictionary | Law.com
JuryBox.org – Explaining Jury Nullification as the Last Check and Balance
The Jury by John Morgan, 1861 This is a very talkative bunch of jurors…the one with the blue scarf on his head wants to convict my client, shame on you — but the future foreman of the jury, that bright tall fellow right behind Mr. Bluescarf knows that my client is innocent and plans to dominate the jury and then if necessary, invade Continental Europe to prove my client’s innocence – Many Thanks.