General Question

luigirovatti's avatar

Can a defendant in a criminal trial be tried again? (details inside)

Asked by luigirovatti (1520points) 2 weeks ago

I know about double jeopardy, but I did a bit of research, and it seems a defendant was tried again, specifically per Miranda v. Arizona. Miranda’s confession was excluded by the Supreme Court, and the jury still found him guilty in the second trial.
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6 Answers

kritiper's avatar

In a higher court, yes.

Darth_Algar's avatar

If the defendant has not been acquitted of the crime, yes.

Jaxk's avatar

If the defendant was acquitted, they cannot be retried for the same crime. There is a loophole in this however. If the acquittal was in state court they can be retried on federal charges. The cops that beat Rodney King were acquitted on state charges of police brutality but then retried for violating his civil rights and found guilty. Same action but a different charge.

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Call_Me_Jay's avatar

I think the key is that 1) Miranda was not acquitted in the first trial, and 2) the Supreme Court overturned the guilty verdict on a technical issue, not the facts of the crime.

So essentially the first trial didn’t happen.

I had never read about the case before. That’s super interesting that Miranda won and became a household name and yet was ultimately convicted.

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