Question

Will Casey Anthony's "not guilty" verdict ever be overturned?

I've heard that sometimes a judge will overturn a verdict even if it was a trial by jury, do you think that this will ever happen with Casey Anthony's verdict of "Not guilty"?

Answers

No no no. You are thinking of civil verdicts (e.g., JNOV- a judgment notwithstanding the verdict). A criminal verdict can NEVER be overturned. This is because under the U.S. Constitution, Fifth Amendment (and as applied to the states by the Fourteenth Amendment), where there has been a FINAL verdict in a criminal case, a defendant may not be retried.

The only "exceptions" (but they aren't really exceptions, because in these cases there is no final verdict) are:

-a mistrial. There is no final verdict. A prosecutor can retry. For example, if the indictment was defective, the case can be dismissed and retried.

-a hung jury. Where, in a case where a unanimous verdict is required (by the way, you don't need unanimous verdicts where juries are 12, just juries of 6. But most states have constitutions that independently say you need jury unanimity).

-an appeal by defendant: say OJ was convicted instead of acquitted in 1995. He can appeal, and win. But the prosecutor can appeal (not the final jury verdict, but the appeal court decision. Remember, the jury verdict itself cannot be overturned).

-a plea agreement: where the defendant agrees to a plea agreement, but then does not do what he promised in the plea. Say that the DA offers to not prosecute if Joe does something (maybe testifies). If he fails to do what he promises, the DA can recharge Joe with the original crimes.

Again, once a jury verdict is final in a criminal case, no retrying.

So to answer you:

Casey Anthony can never be retried for the crimes of murder and manslaughter in this case. Also, in many states the prosecution cannot add additional offenses later on. Say the prosecutor wants to also tack on a battery charge in this case. If this charge was not made in this case, in many or most states it cannot be made later on. The idea is, we want the prosecutor to make all charges in the same transaction in the same case.

#1

For the answer to that question, ready OJ's book 'If I Did It"

#2

You and Haywood are very ignorant of our laws.

#3

if he was going to overrule the jury he would have had to do it as soon as the verdict was reached not days after

#4

Not in America. Once a verdict is said, it can never be overturned. A person cannot be tried twice for a crime as well.

#5

The woman has been acquitted of the crime,why can't you people accept that fact ? I know,lets bring back "witch type trials " stone the ***** until she confesses,your justice pal,live with it !

#6

You can not overturn a not guilty verdict. If you could there would be no point to a constitutionally guaranteed trial by jury. A judge can overturn a guilty verdict or a civil trial's verdict. But that would be very rare and he would have to have a very, very, very, very good reason for doing so.

#7