Does the Supreme Court: Try Casey Anthony in Federal Court online petition on change.org have validity?
- jaymes_07Lv 79 years agoFavorite Answer
Yes and no.
First of all, anyone who says double jeopardy attaches so no retrial is wrong. The Supreme Court, back in the 60's, ruled that double jeopardy does not apply if the Feds wish to try somebody again after a state trial. So technically, yes, it does have validity, and she could be retried.
HOWEVER, this would be highly unlikely. After that SC decision, the Department of Justice created an internal policy that still stands, barring the practice of interfering with State criminal justice systems and taking trials after not-guilty convictions unless there is a Federal interest and justice was not done to satisfy that interest. The only times this exception has been made has been in racially related police brutality cases.
It is unlikely the exception would be made for the Anthony case for two reasons. 1. There is no compelling federal interest in the case. Just because the media made a big deal of one
Murder case and a lot of people followed it does not create a federal interest. And 2. While many lay people are unhappy with the verdict, those who understand the law know that a different outcome is unlikely, as the prosecution has a very shaky case. While it is most likely she is guilty, the Prosecutors simply cannot prove it. The jury reasonably reached its verdict based on the evidence, and no new evidence exists to help with a different outcome. The bottom line is that there is no proof of cause of death or motive. Without those, it is very difficult to secure a conviction.
So while this could technically be done, it won't happen. The DoJ will not want to set a precidence of taking cases because Nancy Grace and her followers tell it to.
- 9 years ago
probably not. i cannot think of any federal issue or facts that would give a federal court jurisdiction of the matter. the jury decision did not say anthony was innocent. it said the prosecution failed to prove its case.
- AndyLv 79 years ago
No. We all know she did it but the legal system worked exactly like it's supposed to.
To understand more, read these articles by John Adams. http://billofrightsinstitute.org/page.aspx?pid=102...
- George ClintonLv 69 years ago
She can not be re-tried for any of the charges she was acquitted of, if that is what you are asking.
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- GaijinLv 79 years ago
No,double jeopardy has attached so she can't be retried for same offense.