Sunday, January 24, 2010

Why would a federal court retry a case if there was insufficient evidence?

The case was tried at the state level and they got a conviction, but it was never tried by the feds due to lack of evidence. can it be retried again?Why would a federal court retry a case if there was insufficient evidence?
Actually, the answer is NO. The feds cannot retry the case.





What CAN happen is that federal charges can be brought (for example, being found not guilty of murder doesn't mean the feds can't bring charges against the same party for the same crime but with a charge of civil rights violation) or the case can be appealed to the appellate level.Why would a federal court retry a case if there was insufficient evidence?
Sure they can. Different jurisdiction and perhaps under federal procedures there is sufficient evidence. Only one way to find out.

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