Retrial

“ He is subject to retrial solely because he appealed his conviction and because, in the circumstances disclosed by this record, such relief was just and appropriate under 28 U.S.C. § 2106, 28 U.S.C.A. § 2106. ”

“ The mistrial, the assignment for a retrial, the application for a continuance, and its refusal and the reserving of an exception, the verdict and judgment and the allowance of the writ of error and the tendering of a bill of exceptions on the subject for settlement, as shown by the record, have already been stated in detail and we need not repeat those statements. ”

“ It may well be a sensible option, since most defendants will be induced to comply with the terms of their probation by the mere threat of a retrial that could send them to jail, and since the expense of those rare, counseled retrials may be much less than the expense of providing counsel initially in all misdemeanor cases that bear a possible sentence of imprisonment. And it may well be that, in some cases, even procedures short of complete retrial will suffice. ”

“ He wanted a retrial or an acquittal. When the President of the United States had interceded with the Governor of Utah, when various labor organizations asked that he be given a retrial, and a man's life is to be taken from him, and people all over the country ask for a retrial, that certainly should be granted to him. ”

“ The burden would be particularly onerous where an investigation was closed years prior to a retrial because law enforcement officials relied in good faith upon a strongly incriminating statement, admissible at the first trial, to provide the cornerstone of the prosecution's case. [8] Moreover, we cannot assume that applying Miranda to retrials would affect only a small number of cases. ”

“ If it appears that supervening facts require a retrial in the light of a changed situation, the appropriate action of the appellate court is to vacate the decree which has been entered and revest the court below with jurisdiction of the cause to the end that issues may be properly framed and the retrial had. ”

“ CHAPTER VIII RETRIAL AND LITIGATION Article 83 (Request for Retrial) (1) Any party may request a retrial on a trial decision which has become final and conclusive. (2) The provisions of Articles 451 and 453 of the Civil Procedure Act shall apply mutatis mutandis to the request for retrial under paragraph (1) . ”

“ No case has been called to our attention, and after a most diligent examination of authorities, we have not been able to find a single American case where a retrial has been ordered or sanctioned by an appellate court at the instance of the prosecution, after the defendant had been once put upon his trial for an alleged felony, upon a valid indictment before a competent court and jury, and acquitted by the verdict of such jury ”

“ Cetainly it is not the rule of judicial administration, that, statutory requirements apart, see Judicial Code, § 21, 28 U.S.C. § 25, 28 U.S.C.A. § 25, a judge is disqualified from sitting in a retrial because he was reversed on earlier rulings. ”

“ This motion is granted. A judgment of reversal, accompanied by an order remanding the cause for a retrial, is not a final judgment for the purposes of a writ of error to this court. Houston v. Moore, 3 Wheat. ”

“ It could, for example, render significantly more difficult the prosecutions of defendants, some of whom may have been convicted many years ago, who are afforded retrials because their convictions were obtained in violation of recently articulated constitutional principles that are fully retroactive. ”

“ But I would not press the matter upon you too severely; the reparation shall be left to your own discretion; but you must decide upon what it is to be, before the Court break up.
LATITIA.
⁠Decide so soon! Will not to-morrow do, or the day after to-morrow, or the day after that?
BRIGHTLY.
⁠No, neither to-morrow nor any following morrow will do; you must pronounce your own sentence before the Court break up.
LATITIA (going about in a bewildered manner) .
⁠O, dear! what can I do? what can I say? how shall I decide? ”

“ If you doubt the evidence, whether of one witness or of all, the Prisoner must receive from you the benefit of that doubt. If not, you are sworn to a solemn oath, which compels you to forego all minor considerations—which compels you to watch narrowly that you be not influenced by the infirmities natural to us all, but criminal in you, to lean towards the side of a mercy that would be rendered by your oath a perjury to God, and by your duty as impartial citizens, a treason to your country. ”

“ When they are ready, the judge will ask them, ‘Gentlemen, are you agreed upon a verdict?’ and the foreman will say, ‘Yes.’ Then the judge will ask, ‘Is the prisoner at the bar guilty, or not guilty?’ and the foreman will say, according as they have decided, ‘Guilty,’ or ‘Not guilty;’ and that answer is the verdict.’
“‘And then he will be hung!’ said Sue.
“‘If they find he is guilty, he will; but they don’t condemn him; that’s the judge’s business. The jury only decide what is the truth.’
“‘Why must they have so many men to do that? ”

“ Even if the paraphernalia of justice,—the judge, and the jury, and the lawyers, could be induced to declare her innocent before all men, must she not confess her guilt to him,—to that one,—for whose verdict alone she cared? ”

“ Prisoner. Will you swear these were not the shoes he had on?
Ryder. How can I swear that? I know nothing about the man's shoes. If you please, my lord, am I to be kept here all day with her foolish, trifling questions?
Judge. All day, and all night too, if Justice requires it. The law is not swift to shed blood.
Prisoner. My lord and the gentlemen of the jury were here before you, and will be kept here after you. Prithee, attend. Look at that drawing of Hernshaw Castle and Hernshaw Mere. Now take this pencil, and mark your bedroom on the drawing. ”

“ The circumstances, my lord, and gentlemen of the jury, which have brought the prisoner before you this day, involve a long catalogue of crimes that as far transcend, in the hideousness of their guilt, the offences of a common felon as his rank and position in life do that of the humblest villain who ever stood before a court of justice. ”

“ FROME. If your lordship says so—I do most earnestly beg your lordship to give the utmost weight to my plea. [He sits down.]
THE JUDGE. [To the CLERK] Call upon him.
THE CLERK. Prisoner at the bar, you stand convicted of felony. Have you anything to say for yourself, why the Court should not give you judgment according to law? [FALDER shakes his head]
THE JUDGE. William Falder, you have been given fair trial and found guilty, in my opinion rightly found guilty, of forgery. ”

“ Had the counsel been allowed to follow up his advantage by an address to the jury, he would, I doubt not, spite of their prejudices against the prisoners, have obtained an acquittal; but as it was, after a neutral sort of charge from the judge, by no means the ablest that then adorned the bench, the jurors, having deliberated for something more than half an hour, returned into court with a verdict of "guilty" against both prisoners, accompanying it, however, with a strong recommendation to mercy!
"Mercy!" said the judge. "What for? On what ground?" ”

“ The jury, who were deeply affected, then retired, and, after two hours’ absence, returned a verdict of Guilty.
The English Method, reported in a London Paper. End of the First Day.
The prisoner, who was ably represented by counsel, appeared to be deeply sensible of his position. He kept his eyes on the jury during the brief summing up.
His Lordship said that he trusted the jury would give the benefit of any doubt they might feel in the prisoner’s favour. In so serious a case they must not convict unless they were convinced of his guilt. ”

“ If a prisoner dies before his trial is terminated, and his declarations have not extenuated the charges of the witnesses, so as to give a sufficient cause for reconciliation, the inquisitors shall give notice of his death to his children, his heirs, or other persons who have the right of defending his memory and property; and, if there is cause to pursue the trial of the deceased, a copy of the depositions and the act of accusation shall be remitted to them, and all that they advance in defence of the accused shall be received. ”

“ I am very much obliged to you all for the attentive consideration you have devoted to my case, and as I know you are about to return a verdict of guilty (here the jury bowed) , which will probably be followed by a sentence of penal servitude for life from my lord up there (here the learned Judge bowed) , why, the best thing I can do is to make another change in my condition with all possible haste. ”

“ The said Penalties to be recovered by the Prisoner or Party grieved, his Executors or Administrators, against such Offender, his Executors or Administrators, by any Action of Debt, Suit, Bill, Plaint or Information, in any of the King's Courts at Westminster, wherein no Essoin, Protection, Priviledge, Injunction, Wager of Law, or stay of Prosecution, by Non vult ulterius prosequi, or otherwise, shall be admitted or allowed, or any more than one Imparlance. (4.) And any Recovery or Judgment at the Suit of any Party grieved, shall be a sufficient Conviction for the first Offence ”

“ COUNTESS.
If he be guilty—
KING (sarcastically.)
IF he be guilty, madam?
COUNTESS. Yes, sire; if he has forgotten what Your Majesty has done for Poland, he is no son of mine!
KING.
I shall spare you all the reflections I have made on the subject, madam. Tyrant as
I am, I shall not punish the innocent mother for the guilty son. But perhaps this
gentleman [ALBERT] and you [WEDGEWOOD] recommended trial—
WEDGEWOOD.
Trial by jury! Your Majesty has said it! There's freedom in the very words!
KING.
How is it to be managed? ”

“ But we desire to add that, if there be evidence on which reasonable men could find a verdict of guilty, the determination of the guilt or innocence of the prisoner is a matter for the jury, and for them alone. ”

“ But, my Lord, (says Junius) since Judges have laboured, and not unsuccessfully, to destroy the substance of the trial, why should they suffer the form of the verdict to remain [3] ? Why force twelve honest men, in palpable violation of their oaths, to pronounce their fellow-subject a guilty man, when, almost at the same moment, they are forbidden to enquire into the only circumstance which, in the eye of law and reason, constitutes guilt—the malignity or innocence of his intentions? ”

“ Much as I wish to see my children, I feel now a resignation to wait His time, and a cheerful willingness to submit all my wrongs to that impartial tribunal which alone is able to award a righteous verdict. Why should we, weak mortals, presume to invoke vengeance on an erring fellow mortal? ”

“ It is not the form or letter of the trial by jury that authorizes you to send your fellow-man to his dread account, but it is the spirit that sanctifies that glorious institution; and if, through pride, passion, timidity, weakness, or any cause, you deny the prisoner one iota of all the defense to which he is entitled by the law of the land, you yourselves, whatever his guilt may be, will have broken the commandment, “Thou shalt do no murder.” ”

“ In the future no [royal] bailiff shall upon his own unsupported accusation put any man to trial or oath without producing credible witnesses to the truth of the accusation.
[XXIX. NONE SHALL BE CONDEMNED WITHOUT TRIAL. JUSTICE SHALL NOT BE SOLD OR DELAYED.] No freeman shall be taken, imprisoned, disseised OF HIS FREEHOLD OR LIBERTIES OR FREE CUSTOMS, OR BE outlawed, banished, or in any way ruined, nor will we prosecute or condemn him, except by the lawful judgment of his peers or by the law of the land. ”

“ His Honour tried the patience of the jury; well knowing by experience, that twelve true-born Britons can always afford to put up with a good long yarn.
The jury retired at nine o'clock. My first thought was directed to the Lord my God and my Redeemer. Then naturally enough, to sustain my courage, I was among my dear friends at Rome and London.
To remain in the felon's dock whilst your JURY consult on your fate, is a sensation very peculiar in its kind. To be or not to be; that's the actual matter-of-fact question. ”

“ Each juror should now know that the finding of guilt does not carry that mandatory penalty unless the jury fails to make a recommendation of life imprisonment a part of the verdict and each juror should know that he is one of the twelve judges who shall decide what the verdict shall be in all its parts. ”

“ That the Jury feeling themselves convinced have cut short, have brought in their verdict; that the Accused are found guilty, and the Sentence on one and all of them is, Death with confiscation of goods. ”

“ The trial by jury ever has been, and I trust ever will be, looked upon as the glory of the English law.... It is the most transcendent privilege which any subject can enjoy or wish for, that he cannot be affected in his property, his liberty, or his person, but by the unanimous consent of twelve of his neighbors and equals. ”

“ That the pardon referred to (prout the same) is expressly restricted to the sentence of death passed upon the defendant, under another conviction, and as expressly reserves from its operation the conviction now before the court. 2. That the prisoner can, under this conviction, derive no advantage from the pardon, without bringing the same judicially before the court by plea, motion or otherwise. ”

“ May it please your Lordship, and you, gentlemen of the jury, this is a case of great expectation and importance. The prisoner at the bar, a gentlewoman by birth and education, and, as you must have already perceived, by breeding also, stands indicted for no less a crime than murder. ”

“ These penalties are no less than the following:—From the moment of conviction, the defendant is out of the king’s protection, his body remains in prison during the king’s pleasure, and all his goods, real or personal, are forfeited to the Crown. He can bring no action, nor recover damages, for the most atrocious injuries, and no man can safely give him comfort, aid, or relief. ”