General Question

luigirovatti's avatar

I'm asking now a question VERY ridiculous: In a criminal trial, does the law allow to appeal a not-guilty verdict?

Asked by luigirovatti (3003points) December 9th, 2020

I wish to emphasize that I’m NOT asking if the lawyers do this, merely if the law allows it.

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10 Answers

stanleybmanly's avatar

No. Since you apparently have plenty of time to waste, why not google up some information on the double jeopardy laws. A judge does have the power to set aside a jury verdict as a miscarriage of justice, and that decision CAN be appealed to a higher court.

kritiper's avatar

I believe the prosecution can appeal to a higher court if they feel it is worth it.

seawulf575's avatar

It has been done. NEVER by the defendant, but by the prosecution. Take a look at the case of Brendan Dassey (The Steven Avery case). Accused and convicted of murder, but on one of the appeals, it was determined he was incorrectly convicted and was to be set free. The DA appealed to a higher court to get an injunction in place to keep him in jail so further “appeals” could be done. He is still there as far as I know.

kritiper's avatar

@stanleybmanly If what you said about double jeopardy was totally true, there wouldn’t be any district courts or supreme courts. Double jeopardy applies to the same court, not higher courts of appeal.

“double jeopardy n (1862) 1 : the putting of a person on trial for an offense for which he or she has previously been put on trial for under a valid charge : two adjudications for one offense…”-from Merriam-Webster’s Collegiate Dictionary, 11th ed.

jca2's avatar

@kritiper: Double jeopardy is when someone is found not guilty of a crime, the DA can’t retry them in a higher court. District courts and Supreme Courts are for when someone loses and wants to appeal. The DA doesn’t appeal to retry the case.

jca2's avatar

@seawulf575: The Steven Avery case, the DA is considering bringing new charges, but they can’t retry him for the same charges he was found not guilty of.

kritiper's avatar

It’s always good to clear those things up beyond a shadow of a doubt.

JLoon's avatar

As someone already pointed out, its usually the prosecution that does that.

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