Lawyer Explains Double Jeopardy for Jussie Smollett | Summary and Q&A

TL;DR
Jesse Smallett's chances of winning an appeal based on the claim of double jeopardy are uncertain due to the lack of a factual basis and admission of guilt in the initial case.
Key Insights
- 🈂️ Double jeopardy does not prevent individuals from being charged with a crime again if the charges were dismissed by the state attorney.
- ❓ Jeopardy usually attaches during a trial, after a jury is impaneled and sworn in.
- 🧑🏭 For double jeopardy to apply, the subsequent case must involve the same facts, evidence, and transaction as the initial charges.
- 💼 Jesse Smallett's case may be considered the same case, as it meets the criteria for double jeopardy.
- 🖤 The lack of a factual basis, admission of guilt, and punishment in the initial case weakens the argument for double jeopardy.
- 🧑🏭 Comparisons to the Bill Cosby case are not entirely applicable, as there were significant differences in the circumstances and legal factors.
- 😉 Jesse Smallett's chances of winning an appeal based on double jeopardy are uncertain, and the appellate court will determine the validity of the argument.
Transcript
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Questions & Answers
Q: How does double jeopardy protect individuals accused of crimes?
Double jeopardy prevents individuals from being tried or punished twice for the same crime, whether they are acquitted, convicted, or accept a plea deal.
Q: Was Jesse Smallett charged twice for the same crime in his case?
No, Jesse Smallett was initially charged with disorderly conduct, but additional charges were brought after an investigation. Although the charges were different, they were considered part of the same case due to the same facts and evidence.
Q: Did Jesse Smallett admit guilt or accept a plea deal in the previous case?
No, Jesse Smallett did not admit guilt or accept a plea deal. The charges were dismissed, and he forfeited his bond voluntarily without a documented agreement.
Q: Can the lack of a factual basis and admission of guilt be considered double jeopardy?
It is unlikely that the lack of a factual basis and admission of guilt in the initial case qualifies as double jeopardy, as there was no punishment or jeopardy attached to those circumstances.
Summary & Key Takeaways
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Double jeopardy does not mean one cannot be charged with a crime again if the charges were dismissed by the state attorney.
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Double jeopardy protects against being punished twice for the same crime, and it usually attaches during a trial after a jury is impaneled and sworn in.
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Jesse Smallett's case may be considered the same case as the initial charges, as it involves the same facts, evidence, and transaction.
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