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TDale313

(7,820 posts)
Thu Nov 11, 2021, 04:00 PM Nov 2021

Honest question. Legally, does the Prosecution have any good options

If there is clear, obvious bias by a judge? I know we err on the side of the Defendant- rightly so. High burden of proof, no double jeopardy. But can Prosecutors appeal if clear bias is shown? Can they move for or get a mistrial and start over? Are there remedies, or is this just the price we pay to try and keep innocent people from being convicted? (Yes, the Rittenhouse trial sparked this post)

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Honest question. Legally, does the Prosecution have any good options (Original Post) TDale313 Nov 2021 OP
Almost if not impossible for the prosecution to retry someone aquitted by the jury. marie999 Nov 2021 #1
There needs to be a way. RayTy Nov 2021 #2
Feds can try him SheCat Nov 2021 #3
Feds Won't Try Him SoCalDavidS Nov 2021 #4
Pessimism SheCat Nov 2021 #9
The problem with "crossing state lines" is, yagotme Nov 2021 #7
Gas SheCat Nov 2021 #8
Under that rule, littering could be a Fed. yagotme Nov 2021 #11
Mistrial? NT mwooldri Nov 2021 #5
I believe the judge would have to rule on that. Not gonna happen. Lochloosa Nov 2021 #6
They had some good options Zeitghost Nov 2021 #10
 

marie999

(3,334 posts)
1. Almost if not impossible for the prosecution to retry someone aquitted by the jury.
Thu Nov 11, 2021, 04:03 PM
Nov 2021

Maybe the feds can try him.

 

SheCat

(34 posts)
3. Feds can try him
Thu Nov 11, 2021, 04:05 PM
Nov 2021

They can make this a federal case under the commerce clause. Nazi boy crossed state lines. It is douche Chauvin is being tried by the Feds as well.

 

SheCat

(34 posts)
9. Pessimism
Thu Nov 11, 2021, 09:20 PM
Nov 2021

They always want a pound of flesh. He will pay in court or he will die in the streets. Either way, his future set.

yagotme

(2,919 posts)
7. The problem with "crossing state lines" is,
Thu Nov 11, 2021, 08:22 PM
Nov 2021

he does have family in WI. It wasn't his first time going to Kenosha, he'd been going back and forth for some time. If you're referring to the rifle crossing state lines, it didn't. It stayed in WI.

 

SheCat

(34 posts)
8. Gas
Thu Nov 11, 2021, 09:18 PM
Nov 2021

Feds have cited use of gasoline in the past. No stopping the willing. Also, where were the parts or bullets made? I remember a case where they cited potatoes being grown in Idaho, but the theft was in Oregon. They can always make it federal.

Zeitghost

(3,862 posts)
10. They had some good options
Thu Nov 11, 2021, 09:30 PM
Nov 2021

That is before they overcharged, demonstrably lied in open court, violated the accused's 5th amendment rights, had a prosecution witness testify that they tried to get him to change his story and had their star witness admit to pointing a gun at the defendant.

That pretty much put an end to their good options.

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