Posted on 10/31/2013 3:37:11 PM PDT by dontreadthis
That’s what I was saying.
So? How is there even a procedure for appealing an acquittal? Doesn’t the appeals court just look at the guy, shake their head, and tell him to FO?
Those fees go into the pockets of “the judges, clerks, janitors, and others who are involved on the other side of a case like this.”
There need to be a lot more cases brought for malicious prosecution. Not just for bringing a case and losing, but if the grounds seem in retrospect to have been flimsy. Then, if prosecutors are AFRAID to bring marginal / agenda driven cases, the ability of leftists and other statists to use taxpayer resources as a political and personal weapon will be gone.
That takes time, money and energy. Most non-Democrats have to use those things to earn a living. Democrats have plenty of time for Alinsky pursuits because they are busy collecting government cheques.
True. Still needs to be done though. You can’t win if you’re always on defense.
My instructors told me [us, the class] when I was studying law that a not guilty verdict could not be appealed, they also told us that a jury’s guilty verdict could be over ruled by a Judge and a direct verdict of not guilty rendered. However that said that a judge could not over ride a not verdict and direct a verdict of guilty. In other words, once the jury rendered a not guilty verdict; it was over. But that was then and this is now.
That’s my understanding as well. Overruling a jury acquittal in the absence of misconduct directly involving the jury sure seems like double jeopardy to me.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.