I can't help but wonder the same thing.
I tried to find something about such a tactic-- judges deliberately poisoning their trials to ensure the verdict is reversed on appeal. I could not find anything, but perhaps somebody here could provide insight.
But here's a thought: doesn't it cut both ways? Can't the prosecution appeal the verdict if the trial is shown to be flawed? It's double jeopardy, but there have been instances where people were convicted during a second trial.
The same cowardice shown by Pres Bush and the GOP House, in passing bills that they felt were unConstitutional, expecting SCOTUS to strike it down, then deflecting blame when they did not. Pathetic, cowardly, and utterly useless.
Prosecutor can only retry for a hung jury, dismissal without prejudice before a verdict (usually admin stuff) or if they didn’t charge for something and decide to later - so say they don’t charge for a theft because they are still investigating but do try the murder which the evidence is already processed for. (though they are supposed to charge at the same time if the information is available). Or that’s my understanding.
Nope. If the jury walks the defendant, it's over. And that's as it should be, OJ notwithstanding.
It's double jeopardy, but there have been instances where people were convicted during a second trial.
That's the federal-state exception, where, supposedly, the federal government, being a separate sovereign, gets a separate go at the defendant. It's unjust and a misreading of the Constitution. However, in recent times, it's been limited to cases where the defendant was acting as an official agent of the inferior jurisdiction (e.g., a Los Angles pig turned loose by a local jury, despite having unjustly beaten the sh¡t out of an arrestee).
If George walks, I recommend he fly to Peru. That way, if Holder gets ideas, Peru will get to humiliate the United States of America. Which will be a Good Thing.
“Can’t the prosecution appeal the verdict if the trial is shown to be flawed?”
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Once a jury finds you NOT guilty there is no appeal for the prosecution. Think of the O.J. trial, if he was not proven guilty no one has EVER been proven guilty in the history of the world but a jury said he was not guilty so that was the end of the criminal proceeding. The fact that it was a bad jury verdict is so obvious that a civil trial resulted in a verdict against O.J., people said that it was because the standard of proof is lower in a civil trial but in reality it was because the verdict of not guilty in the criminal trial was simply absurd, as absurd as a verdict of guilty would be in the trial of George Zimmerman.