Re: jury nullification, jury veto, jury pardon

On Sat, 04 Oct 2003 14:38:59 GMT, Robert H. Risch
<[EMAIL PROTECTED]> wrote:

>On Sat, 04 Oct 2003 14:01:46 GMT, John Husvar
><[EMAIL PROTECTED]> wrote:
>
>>Just a question--
>>
>>Whatever one might wish to call it; jury nullification, jury veto, jury 
>>pardon, jury stupidity, jury wisdom, or jury whatdaheck, Isn't it true 
>>that a jury in a criminal trial can present a verdict of Not Guilty for 
>>any reason or none without explanation?
>>
>>If anybody _would_ ask, the best answer would seem to be: "I just think 
>>the prosecution did not prove its case."
>>
>>Whatever any instructions to the jury, a jury's Not Guilty verdict 
>>stands, doesn't it?
>
>In countries, having "no double jeopardy" in their legal system, the
>answer is yes.  However in the US, this must be qualified.   
>
>1. The defendant can be tried by the same party that tried him in the
>first place, if they can find another statute covering the same
>criminal behavior but needing the proof of at least one different fact
>in order to establish guilt.

Incorrect.

>2.  Another state or the federal government can try him again if they
>have a statute that covers the same criminal behavior.  (Sgt. Koons,
>Terry Nichols, etc.)

Too broad.

- Jon Beaver