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Originally Posted by pensacola_niceman I never understood that either. They get aquitted but then have to stand trial again under civil charges. If that's not double jeopardy I don't know what is.
The same thing happened with OJ Simpson. Don't get me wrong, I think Simpson was guilty as sin. I just don't understand how he had to stand trial twice for the same crime. |
That's because you don't understand exactly what double jeopardy is. It only applies to murder. The police in Rodney King's case were never originally charged with murder. Hence, they could be re-tried at will with whatever the Justice Department so wished to charge them with. Our friend OJ
was originally charged with murder. His aquittal in the first trial kicked in double jepardy. He now could not (
and never can be tried for the murders of his ex-wife and young Mr. Goldman. This did not mean that he couldn't be charged with anything else, and tried for it. Hence, the trial for
wrongful death.
As far as the NYC case goes, as I understand it; this trial did not have them charged with murder. There is no statue of limitations on murder in any jurisdiction in America of which I am aware of. They can be tried and re-tried for this charge whenever prosecutors want to; for as long as they live.