Re: jury nullification, jury veto, jury pardon

On Sat, 04 Oct 2003 08:41:18 -0700, Jon Beaver <[EMAIL PROTECTED]> wrote:

>>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.

My statement is based on,

"In Blockburger v. U.S., 284 U.S. 299 (1932), the Supreme Court held
that punishment for two statutory offenses arising out of the same
criminal act or transaction does not violate the Double Jeopardy
Clause if 'each provision requires proof of an additional fact which
the other does not.' Id. at 304".

http://www.lectlaw.com/def/d075.htm