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Could prosecutor appeal to the US Supreme Court if the defendant is found not guilty?
Wiki User
∙ 14y ago
Due to the double-jeopardy clause of the Fifth Amendment, a defendant found not guilty of a criminal charge may not be retried or have his acquittal reversed except under limited circumstances. If a judge lays aside a jury verdict for conviction, the State or United States (i.e., the prosecutor) may appeal that decision. The government can also appeal a sentence, if it falls outside the sentencing guidelines or is believed inappropriate for the crime committed.
Defendants may only be retried in the case of a mistrial, dismissal without prejudice (usually because the prosecution lacks sufficient evidence to make a case at the time the trial is scheduled), or if a decision was obtained fraudulently (through bribery, for example). None of these circumstances would require intervention from the Supreme Court, however.
Not all cases involve findings of guilt or innocence, and not all trials involving the state or federal government involve criminal action. The government (prosecutor) may appeal decisions in civil cases and other lower court actions that don't trigger Fifth Amendment protection.
One example of the government appealing to the US Supreme Court is United States v. Nixon, (1974), where the Special Prosecutor investigating the Watergate scandal fought former President Nixon in court to force him to turn over tape-recorded conversations. The President was not being criminally prosecuted, but was trying to claim executive privilege to avoid giving them to the Special Prosecutor. The US Supreme Court was asked to determine whether the tapes were covered under Executive Privilege and to issue a writ of mandamus (an order compelling an official to take an action in his or her scope of responsibility) demanding Nixon provide the tapes. The Supreme Court issued the writ of mandamus, forcing Nixon to release the requested evidence.
Wiki User
∙ 14y ago
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What to do when prosecutor tampering with the defendant not guilty plea?
Don't understand what is meant by the question. THAT's what prosecutors DO! Their job is to attempt to prove that the defendant IS guilty, and that his not guilty plea is a lie.
Which work group has the responsibility of demonstrating to a jury that a defendant is guilty beyond a resonable doubt?
the prosecutor
If someone is found guilty for assault then goes to an appeal and is found not guilty what are your options?
If you are the defendant: you go free.
What advantages does the prosecutor of a case gain if the accused agrees to plead guilty?
The advantage is that there is no risk that a jury would find the defendant not guilty. Even if the defendant makes a plea bargain and pleads guilty to a lesser offense, at least the defendant will not get avoid any punishment.
When can an appeal be made in court?
When a defendant is found guilty in the trial court, an appeal can be held in the appellate court. Appeals are often done when a defendant maintains their innocence.
What happens when a defendant dies before his appeal goes through. Is the case closed and the he remains innocent until proven guilty?
Generally, if the defendant was originally proven guilty, and as said he dies before his appeal goes thru, the original verdict of "GUILTY" will be upheld. However, this may depend of certain state statutues.
What if the defendant lied under oath?
That is called perjury and can lead to fine and/or imprisonment. It might also lead to a guilty verdict, if the jury thinks that the defendant is a liar and is probably guilty of the crime.Added: It would be up to the prosecutor to impeach the defendant and refute his version of affairs by the production of evidence and testimony to the contrary.
Can a defendant enter a guilty plea on a capitol punishment charge?
Yes, they can but customarily the court will not allow it without the defendant having full access to their defense attorney for advice. The reason for this is so that the defendant may not subsequently appeal his "uninformed" plea and it will not be over-turned on appeal because the defendant was refused his right to counsel. .
Can a defendant be release if the guilty person takes the blame?
If the defendant is not the person who committed the crime and someone else confesses to the crime, the defendant should be released. The only exception is if the police have evidence the person confessing is lying and that the defendant is the guilty party. It is the JOB of the police to bring the guilty to trial.The wrongly accused person, however, will only be released if the prosecutor drops the charges, the case is dismissed by the court, or the judge declares a mistrial.
When one co-defendant is found guilty does the other co-defendant have to be guilty too. Can one defendant be guilty and one NOT Guilty?
Co-defendants can be sentenced differently. They do not have to all be found guilty or not guilty.
A defendant who is awarded a new trial on appeal cannot object to the new trial because the appeal is deemed to be a of the portection against double jeopardy?
Since it is unlikely that the defendant would appeal a not guilty verdict, it can be safely assumed that was the defendant who appealed their case after receiving a guilty verdict at their original trial. Taking a case to the court of appeals is NOT deemed to be exposing yourself to double jeapordy - only that you are hoping to get 'a second bite at the apple' in the hopes of having the first decision reversed.It would only be double jeapordy if the defendant was found NOT guilty and, without going through the appeals process, the state re-filed the exact same charges for the exact same offense, in an attempt to have another chance at proving him guilty.
Can a defendent be release if the guilty person takes the blame?
If the defendant is not the person who committed the crime and someone else confesses to the crime, the defendant should be released. The only exception is if the police have evidence the person confessing is lying and that the defendant is the guilty party. It is the JOB of the police to bring the guilty to trial.The wrongly accused person, however, will only be released if the prosecutor drops the charges, the case is dismissed by the court, or the judge declares a mistrial.
