• FlowVoid@lemmy.world
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    17 hours ago

    wouldn’t the state just resue in a higher court?

    No, because the constitution prohibits double jeopardy.

    • theUwUhugger@lemmy.world
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      16 hours ago

      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?

      • FlowVoid@lemmy.world
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        16 hours ago

        Jury nullification means acquittal, and you cannot retry someone after acquittal.

        Also prosecutors generally cannot appeal an acquittal.

      • Monkey With A Shell@lemmy.socdojo.com
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        16 hours ago

        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.

      • kn33@lemmy.world
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        14 hours ago

        Mistrials and appeals only work for a guilty verdict. They aren’t an option for a not guilty verdict.

      • xmunk@sh.itjust.works
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        16 hours ago

        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.