A question for legal experts about Zimmerman trial

[cabot]

I know the US has a double jeopardy rule BUT if it is found that there was juror misconduct and that the jurors did have unsupervised visits with family/friends can the court overturn the verdict and re-try him?

[Bay Boy]

1. Only if the misconduct was

by Zimmerman or his defense team.

[avebury]

3. Perhaps they could find a link betweek the motor mouth

juror and Mark O'Mara (who is reported to be friends with motor mouth's husband).

[Tommy_Carcetti]

2. No, but if the defendant himself did anything improper, he could be charged with jury tampering.

But double jeopardy is double jeopardy.

So he cannot be retried on the state level.

[Jenoch]

4. I'm not a legal expert, but this same question was asked

a few days ago. The answer is that Zimmerman or someone on his behalf would have to be involved with juror misconduct for there to be a retrial. The jurors themselves could be brought up on charges if there was an investigation that revealed evidence of misconduct. The trial is over and nothing in the U.S. legal system can change this verdict now.

[unblock]

5. one point, though, he can be tried on a different charge relating to the same incident.

i don't know the particulars of florida law, but he could be charged with some form of assault and battery, for instance, or any other charge that wasn't brought the first time.

as a practical matter, though, prosecutors are loathe to retry the same case even on a different charge. it happens, but rarely.

[Igel]

6. There's no evidence of juror misconduct.

Yes, at least some jurors had unsupervised visits by family.

It was all allowed by the judge. It was all in accordance with state law. And nobody's mentioned any evidence (beyond speculation based mostly on suspicion) of any juror misconduct.


The jury also had outings. In the course of an outing it's possible that they could have glanced at a tv screen, overheard a conversation betwen two other bowlers or shoppers, or heard the waiter make a comment. They might even engaged in a conversation with somebody at any of the places they went to. Doesn't mean it happened. And if it happened, doesn't mean the information they got dealt with the trial.

[Lee-Lee]

7. No- and it is a good thing

Not because he can't be retried, but because of the potential for abuse such a situation could create.

The government was prosecuting, the government is who let the jury have contact.

Essentially since the government allowed the visits, or failed in their duty to stop them, they can't ask for a new trial because of their own failings.

If such could be used to get a new trial, every time the state thinks they are tanking a case they could do something to influence the jury or create appearance and get a new trail. Talk about massive potential for abuse.

[cabot]

8. Thanks, everyone!

I appreciate your answers.