Does Double Jeopardy Apply to Jussie Smollett’s Case? A Lawyer Explains

TL;DR

Jussie Smollett’s double-jeopardy appeal is uncertain because the original charges were dismissed before a trial, guilty plea, or documented admission of guilt. Although the lawyer considers the later prosecution the same case because it arose from the same facts, evidence, and transaction, merely being charged does not make double jeopardy attach. Read on to understand when jeopardy begins and why the prior dismissal may weaken Smollett’s argument.

Transcript

what's up everyone it's peter troy goes the lawyer you know and today we're going to talk about whether or not jesse smallett was subject to double jeopardy and whether or not he has a chance to win on appeal for that issue and get this conviction thrown out because he was already put in jeopardy and punished for this crime once before when the cha... Read More

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.

Questions & Answers

Q: Does double jeopardy apply to Jussie Smollett’s case?

The lawyer says the later prosecution appears to involve the same case because it arose from the same facts, evidence, and transaction. However, the original charges were dismissed without a trial, guilty plea, documented admission of guilt, or punishment, so whether double jeopardy applies remains uncertain.

Q: Can Jussie Smollett win his appeal on double-jeopardy grounds?

His chances are uncertain, and the appellate court will determine whether the argument is valid. The lack of a trial, factual basis, admission of guilt, and punishment in the first case weakens his position.

Q: What does double jeopardy protect against?

Double jeopardy protects a person from being placed in jeopardy of punishment twice for the same crime. It can prevent another trial after an acquittal, a conviction and punishment, or a guilty or no-contest plea followed by punishment.

Q: When does double jeopardy usually attach?

It usually attaches when a jury is impaneled and sworn in and the trial begins. Filing charges alone does not necessarily cause double jeopardy to attach.

Q: Can prosecutors refile charges after dismissing a case?

Yes, the lawyer explains that dismissal by a state attorney does not automatically prevent prosecutors from bringing the charge again. A statute of limitations may eventually bar later charges, but dismissal alone is not an absolute protection.

Q: Why might Smollett’s later charges count as the same case?

The lawyer argues that both prosecutions arose from the alleged fake hate-crime report and statements to police. He says a case may be treated as the same when it relies on the same facts, likely trial evidence, and transaction.

Q: Did Smollett accept a plea deal or admit guilt when the first charges were dismissed?

According to the existing case summary, Smollett did not admit guilt or accept a plea deal. The charges were dismissed, and he voluntarily forfeited his bond without a documented agreement.

Q: How do acquittals, convictions, and plea deals affect double jeopardy?

After a trial ends in acquittal, the person cannot be tried again for the same case. The same protection applies after conviction and punishment or after a guilty or no-contest plea followed by punishment.

Summary & Key Takeaways

• Double jeopardy does not mean one cannot be charged with a crime again if the charges were dismissed by the state attorney.

• 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.

• Jesse Smallett's case may be considered the same case as the initial charges, as it involves the same facts, evidence, and transaction.