A little education on grand jury actions.... Even if a grand jury votes not to indict, that isnt the end of things. A grand jurys vote not to return an indictment is not a final judgment that triggers the constitutional protection against double jeopardy. To be protected against double jeopardy, a person has to have been put into jeopardy and then the proceeding in which jeopardy attached had to end without that persons being convicted. The basic rule of thumb is that jeopardy attaches when the first witness is sworn in a bench trial (that is, a trial to the court, where there is no jury) or when the jury is sworn in if the case is to be tried by a jury. This means, for example, that if a jury has been sworn in and heard the evidence in a criminal case and they vote to acquit the defendant, he or she cannot be re-tried on those charges. That is precisely what happened to O.J. Simpson: Because the jury in the criminal case acquitted him, he cannot be re-tried on any charges arising out of the deaths of Nicole Brown Simpson or Ronald Goldman. (The civil trial was not barred by double jeopardy because the double jeopardy provision only protects you from being repeatedly tried on the same CRIMINAL charges.)
Posted on: Tue, 09 Dec 2014 05:35:45 +0000
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