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by fusiongyro 4907 days ago
How is a separate trial for each charge different from double jeopardy? Part of the point of having the prosecutor bundle together all the possible charges is so there can be a single trial in which the truth comes out. How are you going to "lock in" the possible set of charges early on in such a way to prevent the prosecution from just digging up one more offense at the end of every trial ensuring the defendant never gets to go on with his/her life?

This tragedy is really bringing out the propensity of us Americans to try and find someone to blame for every bad thing that happens so we can prevent bad things from happening again. Unfortunately, there's a certain level of tragedy in this world that is just random and unavoidable. The hang-wringing isn't doing Aaron or his causes any good, it's just creating new victims and wasting a lot of time.

2 comments

so there can be a single trial in which the truth comes out.

As a point of order, since trials are incredibly stressful and expensive for the accused, society isn't supposed to use them for "the truth to come out" or "to find out what happened."

The trial is where the state -- having decided internally that a person is guilty and must be punished -- goes to prove its case to a jury of the accused's peers, in an orderly courtroom where only pertinent evidence is allowed.

This probably backs up your point even more -- having multiple trials for the same thing is horrible for the accused.

If each charge is considered a different crime then double jeopardy wouldn't apply. Also, in the US at least, the justice system isn't about getting to the truth. It's about assigning blame for an act that is considered against the law. If you are charged with a crime then the prosecutor will prosecute you to the fullest extent of the law and do their best to win by getting a conviction. The prosecutor will not necessarily go out of their way to prove your innocence by attempting to get to the truth. Both sides present their case and the jury, or maybe the judge, make a decision based on what they've been presented, regardless of what the truth might be.