Home     Employment     Members Only Login     Listserv     Contact Us     
 
Association for Prosecuting Attorneys, Prosecutors, District Attorney and National District Attorney
 APA Overview       Programs       Events       Press Room       Resources       Become a Member       Donate 
 In The News
  Posted on: Friday, May 25, 2012
Supreme Court Says Double Jeopardy Does Not Protect Against Murder Re-Trial
Arkansas may retry a man for murder even though jurors in his first trial were unanimous that he was not guilty, the Supreme Court ruled Thursday. Alex Blueford, who is accused of killing his girlfriend's 1-year-old son, is not protected by the Constitution's Double Jeopardy Clause, the court ruled in a 6 to 3 decision. Because the judge dismissed the jury when it was unable to reach agreement on lesser charges, Blueford was not officially cleared of any of the charges, the majority said, and thus may be retried. "The jury in this case did not convict Blueford of any offense, but it did not acquit him of any either," Chief Justice John G. Roberts Jr. wrote. The decision brought a sharp dissent from Justice Sonia Sotomayor, who was joined by Justices Ruth Bader Ginsburg and Elena Kagan. "Blueford's jury had the option to convict him of capital and first-degree murder, but expressly declined to do so," Sotomayor wrote. "That ought to be the end of the matter." The Double Jeopardy Clause is found in the Constitution's Fifth Amendment and commands that no person shall be "twice put in jeopardy of life or limb" for the same offense.
Post a comment

Name/Nickname:
(required)

Email Address: (must be a valid address)
(will not be published or shared)

Comments: (plain text only)

 
Recent Articles:
8/28/14   District Attorney: Sentencing Rules Need To Be Changed
8/28/14   In wake of Ferguson shooting, progressives demand federal police czar
8/28/14   Public service campaign in Milwaukee seeks reports of animal abuse
8/27/14   Feds announce $3 million in grants, funding for prosecutors to address violence against women
8/27/14   Governor Signs DA-Sponsored Human-Trafficking Bill
Search Archives:
Printer Friendly Format  Printer Friendly Format    Send to a Friend  Send to a Friend    RSS Feed  RSS Feed

 

Legal Disclaimer | Notice of Federal Funding and Federal Disclaimer