Question:

Why was Gideon's second case not dismissed on the ground of double jeopardy?

by  |  earlier

0 LIKES UnLike

Why was Gideon's second case not dismissed on the ground of double jeopardy?

 Tags:

   Report

3 ANSWERS


  1. can you give a cite for both cases?


  2. It wasn't a second case, it was a retrial. The ruling in Gideon v Wainwright didn't result in him being found not guilty in his original trial, just that he was entitled to an attorney. Florida decided to try him again, even though about 2,000 convicts were released without new trials, probably simply because he had been the one to bring the case to the Supreme Court. He was acquitted in the new trial.

  3.   Double Jeopardy only applies to being tried for the same crime more than once. If a person has been acquitted of crime he cannot be tried again for the same crime. If a person received a hung jury or had a mistrial, that state can bring the person to trial again on the same charge. If the case is dismissed for lack of evidence, etc. the person can be brought to trial at a later time on the same charge or whenever they have enough evidence to proceed.

Question Stats

Latest activity: earlier.
This question has 3 answers.

BECOME A GUIDE

Share your knowledge and help people by answering questions.
Unanswered Questions