DAT...if they are acquited....can they be retried for the same crimes....or is it double jeopardy?
I know if acquited in a regular murder trial, it's double jeopardy unless new evidence is available and the charge can be changed somewhat...but does it apply in this case? They are mass murders not serial, but since they didn't actually commit the crime...I don't exactly understand how it works.
I know they can be retried... what 3 times?....if a mistrial is declared.
It would be double jeopardy; a mistrial is a trial that does not go to conclusion, if this trial does go to the end then double jeopardy would prevent a retrial...by the same sovereign; technically the State could also try them, however I doubt if New York has the same tortured civilian criminal jurisdiction rationale the Feds use at its disposal.
From a very extended research project I did years ago, I can tell you it is legal under the Geneva Conventions to try an EPW for pre-capture crimes in a civilian criminal court, however there are a lot of bells and whistles involved including ICRC observers that are necessary to do that legally. The big problem we have in trying to comply with international law doing this is that we seem to be incapable of calling them either lawful or unlawful combatants instead of just 'Combatants,' the difference between the two types of combatants makes all the difference in the world as to what kind of due process they are actually entitled to under international law - firing squad on the battlefield or full-blown due process plus extra bells and whistles.
This is just a really stupid decision. The only reason these underwear-stripes weren't tried by a military commission years ago was Congressional whining about the commissions, which was basically driven by the desire of Congressional Democrats to purposely screw up anything Bush wanted just to count coup on him (Some of them, plus a few clueless idiots like Specter, are truly unaware there is a war on at all, and sincerely believe that all the issues in the world can be resolved by bringing suit - or charges - in a US Federal court; it is the overconfidence of ignorance, unfortunately, which is destined to eventually end badly).
