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  • can the proecution demand a mistrial if the judge gives blatantly wrong

    From S K@21:1/5 to All on Mon Nov 15 14:29:07 2021
    the honorable judge bruce schroeder instructed the jury "if you find the defendant was defending himself on one charge, you can give him self-defense on all charges"

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  • From Rick@21:1/5 to All on Mon Nov 15 15:29:57 2021
    "S K" wrote in message news:dbed738f-0636-471a-8300-412b18a67c79n@googlegroups.com...

    the honorable judge bruce schroeder instructed the jury "if you find the >defendant was defending himself on one charge, you can give him
    self-defense on all charges"

    They can demand whatever they want, but the judge can and probably would
    deny the request. And if it results in exoneration, then it's basically a done deal. I don't see how you overturn an innocent verdict.

    --

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  • From Barry Gold@21:1/5 to S K on Wed Nov 17 06:50:13 2021
    On 11/15/2021 2:29 PM, S K wrote:
    the honorable judge bruce schroeder instructed the jury "if you find the defendant was defending himself on one charge, you can give him self-defense on all charges"

    Can the prosecution demand a mistrial?
    Yes.

    Will they?
    Almost certainly not.

    The way our criminal justice system is set up, the prosecution gets only
    one bite at the apple. If the prosecution were to askfor a mistrial and
    the judged were to grant it, "double jeopardy" would prevent trying
    Rittenhouse again -- at least on those charges.

    So (1) The prosecution won't ask for a mistrial, and (2) the judge
    probably won't grant one if they do.


    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
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  • From S K@21:1/5 to Barry Gold on Wed Nov 17 10:46:40 2021
    On Wednesday, November 17, 2021 at 9:50:16 AM UTC-5, Barry Gold wrote:
    On 11/15/2021 2:29 PM, S K wrote:
    the honorable judge bruce schroeder instructed the jury "if you find the defendant was defending himself on one charge, you can give him self-defense on all charges"
    Can the prosecution demand a mistrial?
    Yes.

    Will they?
    Almost certainly not.

    The way our criminal justice system is set up, the prosecution gets only
    one bite at the apple. If the prosecution were to askfor a mistrial and
    the judged were to grant it, "double jeopardy" would prevent trying Rittenhouse again -- at least on those charges.

    So (1) The prosecution won't ask for a mistrial, and (2) the judge
    probably won't grant one if they do.


    --
    I do so have a memory. It's backed up on DVD... somewhere...

    but can double jeopardy attach if the first trial didn't reach a verdict?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Mike Anderson@21:1/5 to Barry Gold on Wed Nov 17 16:48:49 2021
    On 11/17/2021 9:50 AM, Barry Gold wrote:
    On 11/15/2021 2:29 PM, S K wrote:
    the honorable judge bruce schroeder instructed the jury "if you find
    the defendant was defending himself on one charge, you can give him
    self-defense on all charges"

    Can the prosecution demand a mistrial?
    Yes.

    Will they?
    Almost certainly not.

    The way our criminal justice system is set up, the prosecution gets only
    one bite at the apple. If the prosecution were to askfor a mistrial and
    the judged were to grant it, "double jeopardy" would prevent trying Rittenhouse again -- at least on those charges.

    So (1) The prosecution won't ask for a mistrial, and (2) the judge
    probably won't grant one if they do.

    Actually, the prosecution asking for and being granted a mistrial has
    EXACTLY the same effect as a "not-guilty" verdict so there's no need to
    even bother. They could ask for a change, such as asking the judge to
    recuse himself, etc, BEFORE the trial actually starts but once it's
    going, they're stuck.

    The defense, on the other hand, can request a mistrial if they see a
    reason to do so (and if they don't like the way things are going) and if
    it's granted, they then take their chances with a new trial (or the
    judge dismisses with prejudice, in which case it's the same effect as a
    "not guilty" verdict.)

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  • From Barry Gold@21:1/5 to S K on Wed Nov 17 16:47:04 2021
    On 11/17/2021 10:46 AM, S K wrote:
    On Wednesday, November 17, 2021 at 9:50:16 AM UTC-5, Barry Gold wrote:
    On 11/15/2021 2:29 PM, S K wrote:
    the honorable judge bruce schroeder instructed the jury "if you find the defendant was defending himself on one charge, you can give him self-defense on all charges"
    Can the prosecution demand a mistrial?
    Yes.

    Will they?
    Almost certainly not.

    The way our criminal justice system is set up, the prosecution gets only
    one bite at the apple. If the prosecution were to askfor a mistrial and
    the judged were to grant it, "double jeopardy" would prevent trying
    Rittenhouse again -- at least on those charges.

    So (1) The prosecution won't ask for a mistrial, and (2) the judge
    probably won't grant one if they do.


    --
    I do so have a memory. It's backed up on DVD... somewhere...

    but can double jeopardy attach if the first trial didn't reach a verdict?

    Yes. Jeopardy can be "undone" in certain cases: if the jury cannot reach
    a verdict ("hung jury"), or if the defense requests a do-over
    (mistrial). Aside from that, once the trial starts (as soon as the jury
    is sworn in), the defendant has been "in jeopardy" and there can be no
    second trial.

    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to All on Wed Nov 17 16:48:10 2021
    "S K" wrote in message news:89d3f693-3be9-4b78-98a6-ce3c7ec5742bn@googlegroups.com...

    On Wednesday, November 17, 2021 at 9:50:16 AM UTC-5, Barry Gold wrote:
    On 11/15/2021 2:29 PM, S K wrote:
    the honorable judge bruce schroeder instructed the jury "if you find
    the defendant was defending himself on one charge, you can give him
    self-defense on all charges"
    Can the prosecution demand a mistrial?
    Yes.

    Will they?
    Almost certainly not.

    The way our criminal justice system is set up, the prosecution gets only
    one bite at the apple. If the prosecution were to askfor a mistrial and
    the judged were to grant it, "double jeopardy" would prevent trying
    Rittenhouse again -- at least on those charges.

    So (1) The prosecution won't ask for a mistrial, and (2) the judge
    probably won't grant one if they do.


    --
    I do so have a memory. It's backed up on DVD... somewhere...

    but can double jeopardy attach if the first trial didn't reach a verdict?

    No, double jeopardy only occurs once a defendant is found not guilty. If a mistrial occurs where no verdict has been found, the defendant can be and is often re-tried. The most common situation is when a hung jury occurs and a mistrial is declared. There are numerous examples of a defendant being
    tried multiple times due to hung juries.

    --

    --- SoupGate-Win32 v1.05
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  • From Stuart O. Bronstein@21:1/5 to S K on Wed Nov 17 16:49:55 2021
    S K <skpflex1@gmail.com> wrote:

    but can double jeopardy attach if the first trial didn't reach a
    verdict?

    In most cases jeppardy attaches once the jury is seated.

    --
    Stu
    http://DownToEarthLawyer.com

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Barry Gold@21:1/5 to Rick on Thu Nov 18 04:52:27 2021
    On 11/17/2021 4:48 PM, Rick wrote:

    No, double jeopardy only occurs once a defendant is found not guilty.
    If a mistrial occurs where no verdict has been found, the defendant can
    be and is often re-tried.  The most common situation is when a hung jury occurs and a mistrial is declared.   There are numerous examples of a defendant being tried multiple times due to hung juries.

    Hung juries are a special case. The same applies if the defense requests
    a new trial, or successfully appeals a conviction.

    But if you look up double jeopardy in Wikipedia, you'll see that what I
    said is true in general, just that there are a few exceptions that, in
    effect, cancel the previous jeopardy.

    --
    I do so have a memory. It's backed up on DVD... somewhere...

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