Wow, so much of what we talked about in class is in this article. Feel free to comment on the process or the content of the case. There are also plenty of references to the content we studied during the amendments to the Constitution.
Mr. Thompson
The Supreme Court says that the double- jeapordy clause does not apply to this case because a decision wasn't reached by a jury. I think that is good decision that the Supreme Court made because the jury didn't reach a decision so he wasn't convicted or released of all charges. If the Supreme Court did not let him be retried for the murder, a jury wouldn't have been able to make a decision and might let a guilty man go free. The decision to retry this case was an important decision, but will it change other outcomes. In class we talked about the two things that change a ruling and one way is a similar case but each case has a different ruling, could this change different cases?
ReplyDeleteAnna Passe hour 1
Initially I was surprised by the Supreme Court ruling on this case as I thought you couldn’t be tried twice for the same crime. It was interesting to read the perspective of the two sides of the court. I never thought that the actions of the jury could play such an important role. This goes to show how important it is that the judge communicates with the jury on court procedures because improper action can dismiss or overturn a ruling.
ReplyDeleteAbby Devine hour 4
Well this case is confusing to say the least. It seems to me that this case should have never been an issue if the jury had followed procedure and come to a true desicion on the higher charges before moving on to the lesser charges. Since that isn't the case though, the supreme court came to the decision that the defendent should be tried again. I cant say that I'm surprised at the decision that the supreme court made seeing that the conservatives are in the majority, but I think that justice Sotomayor did explain it well. You could look at this supreme court case in two ways, that the jury made a mistake and it has to be fixed by trying the defendent again, or that the jury made a mistake and the mistake must stand as the ruling. I think that I would agree with the minority of the supreme court. The mistake should stand, but we should make sure that the mistake the jury made doesn't occur again.
ReplyDeleteNate Croatt hour 2
DeleteWhile reading this article I thought to myself can they really do this? Can they really retry a case that they have already made a decision on? I agree with Nate's comment for this article. If the jury did not think they made the right decision then they must deal with that. I don't believe it was okay or even right for this case to be re-opened and for these charges to be brought back to try and claim as guilty. Now that this has happened I believe it will continue on to other cases and I extremely disagree with their decision. If they really thought this man was guilty they should of proven him guilty the first time.
ReplyDeleteNicolette Ostlund-Klein
4th Hour