Criminal
Nov. 20, 2012
High court case could compromise double jeopardy principles
The court's decision could potentially overrule a prior line of its own case law and create a sizable - and wholly unworkable - exception to the Double Jeopardy Clause. By Daniel A. Saunders
Daniel A. Saunders
Partner
Kasowitz Benson Torres LLP
Phone: (424) 288-7900
Email: dsaunders@kasowitz.com
UC Berkeley SOL; Berkeley CA
Daniel is a leading trial and appellate lawyer focusing on a variety of complex business litigation and white collar cases. He represents corporate and individual clients in a broad range of civil and criminal litigation and government, regulatory, and internal investigations, including for potential violations of the Foreign Corrupt Practices Act, Securities Exchange Act and False Claims Act. Mr. Saunders has tried more than 30 jury trials, and has briefed and/or argued more than 50 appeals before various U.S. Circuit Courts of Appeal.
The Fifth Amendment's prohibition against being tried twice for the same offense has long been recognized as one of the most fundamental constitutional protections in a criminal case. In a case argued on Nov. 6, however, the U.S. Supreme Court is now considering whether a trial judge's acquittal of a defendant for insufficient evidence bars a second trial where the acquittal is based on the judge's erroneous addition of a factual...
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