Posted On: July 12, 2011 by Mark Hanson

Double Jeopardy and the Casey Anthony Verdict

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Wow the jury got it wrong! Can the State get a do over? That is now the big question in the Casey Anthony case. The answer is no.

Our Bill of Rights says a person prosecuted for any crime can only be tried once. This is referred to the law against Double Jeopardy. Most people have only heard this term from a popular game show. It specifically prohibits the government from repeatedly bringing a citizen to trial on the same or similar charges. This means the government has but one chance to put their best case forward.

No dry runs or practice trials are allowed. Further, if the Government loses, they do not have a right to appeal. This prevents retrials after a not guilty verdict as well. Why then does a guilty person have a right to appeal? Our founding Fathers were very sensitive to the abuses of government power from English courts. They wanted to make sure that history would not repeat itself in our new country.

The idea for appeals by the guilty person further protects our citizens from wrongful convictions. Our liberties must be protected zealously. The Bill of Rights attached to our Constitution goes to extraordinary measures to ensure just that. Freedom is so precious it must be preserved at all cost.