Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

General Discussion

TDale313

(7,822 posts) Thu Nov 11, 2021, 04:00 PM Nov 2021

Honest question. Legally, does the Prosecution have any good options [View all]

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)

11 replies

= new reply since forum marked as read

Highlight:

Honest question. Legally, does the Prosecution have any good options [View all] 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