Potential juror does not know who Roger Clemens is

[Stautner]

http://sports.yahoo.com/mlb/news;_y...YcB?slug=lc-carpenter_clemens_mistrial_071411

Sounds like the case may be done for good. If the judge holds that double jeopardy has attached, Clemens will not be prosecuted again.

Pep, if you are an attorney, this is one I could use some help on. I thought double jeopardy only applied once there had been a finding as to guilt or innocence. How could it apply when the case was not fully presented for consideratin, and there was no conclusion drawn from the proceding?

 

[big dog cowboy]

Since you have told me that the issue had been decided in advance, it would appear the Government did screw up as some on here have suggested. Like you said, even if it was an inadvertant mistake, it was a blunder nonetheless.

:signmast:

Yep

 

[joseephuss]

I've seen this applied on Law & Order:

http://legal-dictionary.thefreedictionary.com/double+jeopardy

When Jeopardy Attaches

Courts have provided much clearer guidance on the question of when jeopardy attaches, or begins. This question is crucial to answer because any action taken by the government before jeopardy attaches, such as dismissal of the indictment, will not prevent later proceedings against a person for the same offense. Once jeopardy has attached, the full panoply of protection against multiple prosecutions and punishments takes hold.

The U.S. Supreme Court has held that jeopardy attaches during a jury trial when the jury is empanelled. In criminal cases tried by a judge without a jury, jeopardy attaches when the first witness is sworn. Jeopardy begins in juvenile-delinquency adjudications when the court first hears evidence. If the defendant or juvenile enters a plea agreement with the prosecution, jeopardy does not attach until the court accepts the plea.

 

[TellerMorrow34]

Ehhh...i don't think I believe that at all.

Even given that she may not be a sports fan and has never watched a sporting event in her life I find it hard to believe she's never seen or heard of him.

Does she not ever watch any news or read any papers either? The likely hood that she has no idea who he is, or what he looks like, given that he's such a high profile athlete whose had this stuff hanging over his head for years now?

I just find it hard to believe this though I guess anything is possible.

 

[Stautner]

I've seen this applied on Law & Order:

http://legal-dictionary.thefreedictionary.com/double+jeopardy

When Jeopardy Attaches

Courts have provided much clearer guidance on the question of when jeopardy attaches, or begins. This question is crucial to answer because any action taken by the government before jeopardy attaches, such as dismissal of the indictment, will not prevent later proceedings against a person for the same offense. Once jeopardy has attached, the full panoply of protection against multiple prosecutions and punishments takes hold.

The U.S. Supreme Court has held that jeopardy attaches during a jury trial when the jury is empanelled. In criminal cases tried by a judge without a jury, jeopardy attaches when the first witness is sworn. Jeopardy begins in juvenile-delinquency adjudications when the court first hears evidence. If the defendant or juvenile enters a plea agreement with the prosecution, jeopardy does not attach until the court accepts the plea.

I'm a little confused by this definition, because it would suggest that jeopardy attaches even when there is a hung jury, and I know cases are sometimes retried under those circumstances. Maybe the difference is that in the case of a hung jury a mistrial is not declared because of an improper action by the presecution like it was in this case, but the definition above doesn't specifically allow for any exceptions.

 

[joseephuss]

I'm a little confused by this definition, because it would suggest that jeopardy attaches even when there is a hung jury, and I know cases are sometimes retried under those circumstances. Maybe the difference is that in the case of a hung jury a mistrial is not declared because of an improper action by the presecution like it was in this case, but the definition above doesn't specifically allow for any exceptions.

I agree. This definition makes it seem cut and dry and I don't believe that is the case. Still this could play a part in determining if double jeopardy applies. It will be interesting to find out what happens. The prosecution probably did it on purpose, so Clemens could get off. Must be a Yankees fan on the prosecution team.