Originally posted by the mattress:
so basically the deal is if someone is suspected to be involved with the mafia, you can try them however many times you like until they're found guilty? some country you've got there
Actually it is a great country that we have here.
It really doesn't work that way. The way it works is that a trial takes place. If you are found guilty, you are given a sentence according to the laws which govern the crime or crimes that you have been found guilty of.
If you are aquitted ( which means that the jury felt that there was not enough evidence presented at trial by the prosecution to prove the accused's guilt beyond a reasonable doubt), then you CANNOT be re-tried in a court of law for the same crime of which you've already been charged and aquitted of.
In a criminal trial, in order for the jury to find you guilty, or to aquit you of the charges, the ENTIRE jury, 100% must agree on the aquital or guilty verdict.
However, if after a reasonable length of time the jury cannot come to a unanimous agreement, and the judge declares that the jury has covered all bases but cannot come to a unanimous decision, the judge declares what is called a MISTRIAL.
So only in the case of a mistrial can the prosecution re-charge the defendant and bring him back to trial for committing the SAME crime or crimes.
And this has been the case, three times, with John Junior Gotti. All three times that he's been brought to a trial for basically the same crimes, after hearing all the testimony from both sides, three different juries have been deadlocked and have not been able to reach a unanimous decision either way.
Don Cardi
